ATIDEY VRS ANANG (A2/69/2) [2023] GHADC 1179 (13 September 2023)

1st and 2nd defendants failed to establish any link between 3rd and 4th defendants and the claim; evidence supports refund of full amount by 1st and 2nd defendants jointly and severally.

Citation: [2023] GHADC 1179
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: A2/69/2
Procedural Posture: Civil / Judgment
Outcome: Judgment for plaintiff against 1st and 2nd defendants jointly and severally.
Legal Topics: Land Transaction, Refund of Purchase Price, Interest on Judgment Debt, Costs
Source Language: English

Contract Property Land Transaction Refund of Purchase Price Interest on Judgment Debt Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2

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
2 Whether only the 3rd and 4th defendants are liable for the outstanding balance

Ratio Decidendi

1st and 2nd defendants failed to establish any link between 3rd and 4th defendants and the claim; evidence supports refund of full amount by 1st and 2nd defendants jointly and severally.

Court Disposition

Judgment for plaintiff against 1st and 2nd defendants jointly and severally.

Orders

1st and 2nd defendants to refund GHC40,000 to plaintiff.
1st and 2nd defendants to pay interest at prevailing commercial bank rate from 2019 until payment.