Kwadwo Ameyaw Vrs Korkor M. Sowa [2022] GHADC 2 (21 November 2022)
The plaintiff is entitled to delivery of the site plan and indenture as he has fully paid for the land; the 1st defendant must refund the outstanding amount to the 2nd defendant.
Source-derived case information.
- Citation
- [2022] GHADC 2
- Parties
- Plaintiff: Kwadwo Ameyaw; 1st Defendant: Korkor M. Sowa; 2nd Defendant: Not named (2nd Defendant)
- Court
- District Court
- Jurisdiction
- Ghana
- Procedural Posture
- Civil / Ruling
- Outcome
- Case struck out as settled
- Legal Topics
- Recovery of Possession, Sale of Land, Specific Performance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kwadwo Ameyaw
Plaintiff
Korkor M. Sowa
1st Defendant
Not named (2nd Defendant)
2nd Defendant
Procedural Posture
Civil / Ruling
Legal Issues
- 1 Whether the plaintiff is entitled to recovery of possession of the land sold to him
- 2 Whether the plaintiff is entitled to delivery of site plan and documentation for the land
- 3 Whether the 1st defendant should refund the outstanding amount to the 2nd defendant
Ratio Decidendi
The plaintiff is entitled to delivery of the site plan and indenture as he has fully paid for the land; the 1st defendant must refund the outstanding amount to the 2nd defendant.
Court Disposition
Case struck out as settled
Orders
- Site plan and indenture to be prepared within a month
- 1st Defendant to refund GHC1,000.00 to 2nd Defendant
Full Case Text
Judgment text and source record
1 paragraphs
Kwadwo Ameyaw vrs. Korkor M. Sowa & 1 other. IN THE DISTRICT COURT ONE, TEMA ON MONDAY 21ST NOVEMBER, 2022 BEFORE H/W MRS. BIANCA ADWOA OSEI-SARFO (ESQ.), SITTING AS A MAGISTRATE. KWADWO AMEYAW PETITIONER A2/72/2021 VRS KORKOR M. SOWA RESPONDENT Plaintiff: Present 1st Defendant: Present 2nd Defendant: Present Time: 10:40 A. M. RULING This is a matter where the Plaintiff was seeking recovery of possession of a land sold to him by the 2nd Defendant. However, when they were referred to the CC- ADR, they agreed that that land be provided for the Plaintiff and same had been done, but the agreement was not reduced into the consent form for the parties to sign and the parties were referred to Court. The Plaintiff now complains that the site plan and the Documents for the land have not been given to him although the Court ordered the 2nd Defendant to do same. The 2nd Defendant has already accepted liability for the documentation and the replacement of the land, and it has been settled in evidence here previously that the Plaintiff made all payments for the land in question fully to the 1st Defendant Kwadwo Ameyaw vrs. Korkor M. Sowa & 1 other. to be paid to the second defendant. The 1st Defendant admitted same to this Court. By Court: Having heard all three parties, it is the considered opinion of this Court that the Plaintiff’s claims against the Defendants jointly and severally for : a. An order directed at the Defendant for the recovery of GHC15,500.00 being the cost of expenses incurred on a plot of land for the Plaintiff and that the 1st Defendant refund the outstanding amount of the GHC1,000.00 to the 2nd Defendant. Consequently, the Court orders that the site plan and the Indenture be prepared within a month from today. Case struck out as settled. (SGD) ...................................................................... H/W BIANCA ADWOA OSEI-SARFO ESQ (MRS.) 2