NYANTAKYI VRS YAKUBU & ANOTHER (UW/WA/HC/E2/01/2022) [2024] GHAHC 340 (30 April 2024)

NYANTAKYI VRS YAKUBU & ANOTHER (UW/WA/HC/E2/01/2022) [2024] GHAHC 340 (30 April 2024)

The oral agreement for sale of the property, supported by substantial payments and acknowledgments, created a constructive trust in favour of the Plaintiff. The 1st Defendant, as trustee, was estopped from selling the property to the 2nd Defendant, who had notice of Plaintiff's interest. The subsequent sale was null and void. Plaintiff is entitled to specific performance, rectification of the land register, and a perpetual injunction.

Citation
NYANTAKYI VRS YAKUBU & ANOTHER (UW/WA/HC/E2/01/2022) [2024] GHAHC 340 (30 April 2024)
Parties
Plaintiff: Kwasi Nyantakyi; 1st Defendant: Baba Adamu Yakubu; 2nd Defendant: Seidu Adams
Court
ghahc
Jurisdiction
Ghana
Judgment Date
30 April 2024
Procedural Posture
Civil / Judgment After Default of Appearance and Hearing of Plaintiff's Uncontested Evidence
Outcome
Judgment for Plaintiff in respect of reliefs (a), (b), (c), and (f); reliefs (d) and (e) refused/abandoned; costs awarded to Plaintiff.
Legal Topics
Specific Performance, Constructive Trust, Sale of Land, Fraudulent Conveyance, Perpetual Injunction, Rectification of Land Register
Source Language
eng
Property Law Contract Law Equity Specific Performance Constructive Trust Sale of Land Fraudulent Conveyance Perpetual Injunction +1 more

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Parties

Kwasi Nyantakyi

Plaintiff

Baba Adamu Yakubu

1st Defendant

Seidu Adams

2nd Defendant

Procedural Posture

Civil / Judgment After Default of Appearance and Hearing of Plaintiff's Uncontested Evidence

Legal Issues

  1. 1 Whether the oral agreement for sale of land between Plaintiff and 1st Defendant was valid and enforceable
  2. 2 Whether the purported sale of the property by 1st Defendant to 2nd Defendant was null and void
  3. 3 Whether Plaintiff is entitled to specific performance and injunction

Ratio Decidendi

The oral agreement for sale of the property, supported by substantial payments and acknowledgments, created a constructive trust in favour of the Plaintiff. The 1st Defendant, as trustee, was estopped from selling the property to the 2nd Defendant, who had notice of Plaintiff's interest. The subsequent sale was null and void. Plaintiff is entitled to specific performance, rectification of the land register, and a perpetual injunction.

Court Disposition

Judgment for Plaintiff in respect of reliefs (a), (b), (c), and (f); reliefs (d) and (e) refused/abandoned; costs awarded to Plaintiff.

Orders

  • Declaration that the sale of the storey building by 1st Defendant to 2nd Defendant is null and void.
  • Order for specific performance of the contract of sale between Plaintiff and 1st Defendant for the storey building.