Awadzi Vrs Social Security & National Insurance Trust and Another [2023] GHAHC 6 (25 January 2023)

Awadzi Vrs Social Security & National Insurance Trust and Another [2023] GHAHC 6 (25 January 2023)

There was no binding contract of sale between Plaintiff and 1st Defendant as essential terms and consideration were lacking; Plaintiff failed to prove fraud or collusion by Defendants; 2nd Defendant lawfully acquired the property after Plaintiff failed to purchase within the stipulated deadline; all Plaintiff's claims are dismissed.

Citation
Awadzi Vrs Social Security & National Insurance Trust and Another [2023] GHAHC 6 (25 January 2023)
Parties
Plaintiff: Eva Awadzi; 1st Defendant: Social Security & National Insurance Trust (SSNIT); 2nd Defendant: Daniel Aza-Baninge
Court
ghahc
Jurisdiction
Ghana
Judgment Date
25 January 2023
Procedural Posture
Civil / Final Judgment After Full Trial
Outcome
Plaintiff's claims dismissed in entirety; costs awarded against Plaintiff.
Legal Topics
Sale of Property, Tenancy, Fraud, Breach of Contract, Burden of Proof
Source Language
eng
Property Law Contract Law Civil Procedure Sale of Property Tenancy Fraud Breach of Contract Burden of Proof

Case Brief

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Parties

Eva Awadzi

Plaintiff

Social Security & National Insurance Trust (SSNIT)

1st Defendant

Daniel Aza-Baninge

2nd Defendant

Procedural Posture

Civil / Final Judgment After Full Trial

Legal Issues

  1. 1 Whether there was a binding contract of sale between Plaintiff and 1st Defendant for the subject property
  2. 2 Whether the sale of the property by 1st Defendant to 2nd Defendant was fraudulent and void
  3. 3 Whether Plaintiff is entitled to recovery of possession and other reliefs

Ratio Decidendi

There was no binding contract of sale between Plaintiff and 1st Defendant as essential terms and consideration were lacking; Plaintiff failed to prove fraud or collusion by Defendants; 2nd Defendant lawfully acquired the property after Plaintiff failed to purchase within the stipulated deadline; all Plaintiff's claims are dismissed.

Court Disposition

Plaintiff's claims dismissed in entirety; costs awarded against Plaintiff.

Orders

  • All reliefs sought by Plaintiff are dismissed as unproven.
  • Plaintiff to pay costs of GH¢20,000 to be shared equally between 1st and 2nd Defendants.