ATIDEY VRS. ANANG (A2/69/22) [2023] GHADC 1097 (13 September 2023)

The 1st and 2nd defendants failed to establish any link between the 3rd and 4th defendants and the plaintiff's claim. The evidence supports judgment against the 1st and 2nd defendants for the full amount claimed.

Citation: [2023] GHADC 1097
Parties: Plaintiff: Mawuli Atidey; 1st Defendant: Adjei Anang; 2nd Defendant: Francis Nii Adjei Lomo; 3rd Defendant: Daniel Okpoti; 4th Defendant: Joseph Buebu Ashirifi
Court: District Court
Jurisdiction: Ghana
Judgment Date: 13 September 2023
Case Number: A2/69/22
Procedural Posture: Civil / Judgment
Outcome: Judgment for plaintiff against 1st and 2nd defendants; 3rd and 4th defendants non-suited.
Legal Topics: Land Sale, Refund of Purchase Price, Proof by Preponderance of Probabilities, Joinder of Parties
Source Language: English

Contract Law Property Law Land Sale Refund of Purchase Price Proof by Preponderance of Probabilities Joinder of Parties

Case Brief

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Parties

Mawuli Atidey

Plaintiff

Adjei Anang

1st Defendant

Francis Nii Adjei Lomo

2nd Defendant

Daniel Okpoti

3rd Defendant

Joseph Buebu Ashirifi

4th Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether all defendants are liable to pay the outstanding balance of GHC20,000 or only the 3rd and 4th defendants
2 Whether the plaintiff is entitled to a refund of GHC40,000

Ratio Decidendi

Court Disposition

Judgment for plaintiff against 1st and 2nd defendants; 3rd and 4th defendants non-suited.

Orders

1st and 2nd defendants to refund GHC40,000 jointly and severally to plaintiff.
Interest at prevailing commercial bank rate from 2019 until final payment.