Agyeman Vrs Nfum (.A2/60/2020) [2023] GHACC 934 (3 March 2023)

Agyeman Vrs Nfum (.A2/60/2020) [2023] GHACC 934 (3 March 2023)

Court found defendant personally received GH₵11,700.00 from plaintiff for land, acted as seller not facilitator, full consideration paid, plaintiff not indebted for rent, defendant failed to prove counterclaim, plaintiff entitled to refund, interest, damages, and costs.

Citation
Agyeman Vrs Nfum (.A2/60/2020) [2023] GHACC 934 (3 March 2023)
Parties
Plaintiff: Edmund Osei Agyeman; Defendant: John Kwadwo Mfum
Court
ghacc
Jurisdiction
Ghana
Judgment Date
3 March 2023
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Specific Performance, Breach of Contract, Recovery of Money, Damages, Counterclaim, Rent Arrears
Source Language
eng

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Parties

Edmund Osei Agyeman

Plaintiff

John Kwadwo Mfum

Defendant

Procedural Posture

Civil / Final Judgment

  1. 1 Whether the defendant personally took GH₵12,000.00 from the plaintiff as price of the land in dispute
  2. 2 Whether the defendant only acted as a facilitator in the said contract
  3. 3 Whether the defendant received consideration from the plaintiff

Ratio Decidendi

Court found defendant personally received GH₵11,700.00 from plaintiff for land, acted as seller not facilitator, full consideration paid, plaintiff not indebted for rent, defendant failed to prove counterclaim, plaintiff entitled to refund, interest, damages, and costs.

Court Disposition

judgment for plaintiff

Orders

  • Defendant to refund GH₵11,700.00 to plaintiff
  • Interest on GH₵11,500.00 from February 2017 to June 2019 at prevailing bank rate