KOOMSON VRS. AMOATEY AND ANOTHER (GJ/0037/2024) [2024] GHAHC 410 (31 October 2024)

KOOMSON VRS. AMOATEY AND ANOTHER (GJ/0037/2024) [2024] GHAHC 410 (31 October 2024)

The Plaintiff, having paid more than 50% of the purchase price by April 1, 2023, and subsequently the full purchase price, is entitled to specific performance, vacant possession, and registration of title. The Defendants' refusal to deliver possession constitutes breach of contract. The Defendants' allegation of fraud was not proved to the requisite standard. The only remedy available to Defendants for late payment was a 10% penalty, not rescission. The varied payment plan agreement governs the parties' rights and obligations.

Citation
KOOMSON VRS. AMOATEY AND ANOTHER (GJ/0037/2024) [2024] GHAHC 410 (31 October 2024)
Parties
Plaintiff: Emmanuel Koomson; 1st Defendant: Tsuianaa Amoatey; 2nd Defendant: Francis Nyakotey
Court
ghahc
Jurisdiction
Ghana
Judgment Date
31 October 2024
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Plaintiff; Defendants' counterclaim dismissed.
Legal Topics
Specific Performance, Sale of Land, Breach of Contract, Damages, Injunction, Variation of Contract, Fraud Allegation
Source Language
eng
Contract Law Property Law Specific Performance Sale of Land Breach of Contract Damages Injunction Variation of Contract +1 more

Case Brief

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Parties

Emmanuel Koomson

Plaintiff

Tsuianaa Amoatey

1st Defendant

Francis Nyakotey

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Defendants were mandated under the Property Purchase Agreement to execute a Deed of Assignment and deliver documents upon receipt of US$25,000.00
  2. 2 Whether 1st Defendant’s interest in the property was fully transferred to Plaintiff after execution of the Deed of Assignment
  3. 3 Whether Defendants agreed to give Plaintiff peaceful vacant possession upon receipt of 50% of the purchase price

Ratio Decidendi

The Plaintiff, having paid more than 50% of the purchase price by April 1, 2023, and subsequently the full purchase price, is entitled to specific performance, vacant possession, and registration of title. The Defendants' refusal to deliver possession constitutes breach of contract. The Defendants' allegation of fraud was not proved to the requisite standard. The only remedy available to Defendants for late payment was a 10% penalty, not rescission. The varied payment plan agreement governs the parties' rights and obligations.

Court Disposition

Judgment for Plaintiff; Defendants' counterclaim dismissed.

Orders

  • Declaration of entitlement to specific performance for Plaintiff
  • Order for Defendants to deliver peaceful and vacant possession to Plaintiff