APPIAH VRS MARTEY (C11/34/23) [2024] GHACC 60 (19 January 2024)

APPIAH VRS MARTEY (C11/34/23) [2024] GHACC 60 (19 January 2024)

Defendant is estopped by conduct and written undertaking from denying obligation to refund GHC80,000 to Plaintiff, having already refunded GHC40,000. The written undertaking is authentic and binding. No interest is awarded unless Defendant fails to pay within three months, after which interest accrues at prevailing...

Source-derived case information.

Citation
APPIAH VRS MARTEY (C11/34/23) [2024] GHACC 60 (19 January 2024)
Parties
Plaintiff: George Afari Appiah; Defendant: Anthony Martey
Court
ghacc
Jurisdiction
Ghana
Judgment Date
19 January 2024
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Judgment for Plaintiff
Legal Topics
Sale of Land, Refund of Purchase Price, Estoppel by Conduct, Burden of Proof, Interest on Judgment Debt
Source Language
en
Contract Property Sale of Land Refund of Purchase Price Estoppel by Conduct Burden of Proof Interest on Judgment Debt

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Parties

George Afari Appiah

Plaintiff

Anthony Martey

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether Defendant made a valid transfer of the land in question to Plaintiff
  2. 2 Whether Defendant offered to refund the purchase money
  3. 3 Whether Defendant is indebted to Plaintiff the sum of GHC80,000 being the outstanding purchase money

Ratio Decidendi

Defendant is estopped by conduct and written undertaking from denying obligation to refund GHC80,000 to Plaintiff, having already refunded GHC40,000. The written undertaking is authentic and binding. No interest is awarded unless Defendant fails to pay within three months, after which interest accrues at prevailing commercial bank rate.

Court Disposition

Judgment for Plaintiff

Orders

  • Defendant to refund GHC80,000 to Plaintiff within three months from date of order
  • If balance remains unpaid after three months, interest at prevailing commercial bank rate applies until final payment