BOADI VRS. AWERE AND ANOTHER (A2/09/2023) [2025] GHACC 11 (28 February 2025)

BOADI VRS. AWERE AND ANOTHER (A2/09/2023) [2025] GHACC 11 (28 February 2025)

Plaintiff proved on a balance of probabilities that he acquired the land from the defendants, lost it due to adverse claims, and was not supported by the defendants. However, he failed to prove the full extent of his claimed losses except for the purchase price and litigation costs. The court awarded refund of the purchase price, litigation costs, general damages, and costs.

Citation
[2025] GHACC 11
Parties
Plaintiff: Michael Boadi; Defendant: Nana Ohemeng Awere; Defendant: Ohenewaa Charity
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
28 February 2025
Case Number
A2/09/2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim upheld in part
Legal Topics
Breach of Contract, Misrepresentation, Land Ownership, Burden of Proof, Damages
Source Language
English
Contract Law Land Law Evidence Breach of Contract Misrepresentation Land Ownership Burden of Proof Damages

Case Brief

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Parties

Michael Boadi

Plaintiff

Nana Ohemeng Awere

Defendant

Ohenewaa Charity

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff paid adequate consideration for the acquisition of the farmland from the defendants
  2. 2 Whether the plaintiff lost possession of the farmland due to a dispute in court
  3. 3 Whether the defendants supported the plaintiff during the dispute

Ratio Decidendi

Plaintiff proved on a balance of probabilities that he acquired the land from the defendants, lost it due to adverse claims, and was not supported by the defendants. However, he failed to prove the full extent of his claimed losses except for the purchase price and litigation costs. The court awarded refund of the purchase price, litigation costs, general damages, and costs.

Court Disposition

Plaintiff's claim upheld in part

Orders

  • Defendants to refund GH¢3,000.00 being the purchase price of the land to the plaintiff with interest from 8th February 2016 to date of final payment.
  • Defendants to refund GH¢50,000.00 being the cost of litigation in respect of suit A1/09/2018 at the prevailing bank rate from 2018 till date of final payment.