NKANSAH VRS. SAFIANA (GJ/0135/2024) [2024] GHAHC 119 (23 July 2024)

NKANSAH VRS. SAFIANA (GJ/0135/2024) [2024] GHAHC 119 (23 July 2024)

Plaintiff failed to demonstrate ownership or capacity to sell the properties and admitted receipt of GH¢2,030,000.00. There is no valid defence to the counterclaim, no triable issue, and defendant is entitled to summary judgment for refund of the amount paid with interest and costs.

Citation
NKANSAH VRS. SAFIANA (GJ/0135/2024) [2024] GHAHC 119 (23 July 2024)
Parties
Plaintiff: Prophet Daniel Nkansah; Defendant: Mr. Adam Safiana
Court
ghahc
Jurisdiction
Ghana
Judgment Date
23 July 2024
Procedural Posture
Civil / Summary Judgment on Counterclaim
Outcome
Summary judgment granted for defendant on counterclaim.
Legal Topics
Misrepresentation, Summary Judgment, Counterclaim, Capacity to Contract, Restitution
Source Language
eng
Contract Law Property Law Misrepresentation Summary Judgment Counterclaim Capacity to Contract Restitution

Case Brief

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Parties

Prophet Daniel Nkansah

Plaintiff

Mr. Adam Safiana

Defendant

Procedural Posture

Civil / Summary Judgment on Counterclaim

Legal Issues

  1. 1 Whether the plaintiff misrepresented ownership of the properties in the agreement
  2. 2 Whether the defendant is entitled to a refund of monies paid under the agreement
  3. 3 Whether there are triable issues to defeat a summary judgment application on the counterclaim

Ratio Decidendi

Plaintiff failed to demonstrate ownership or capacity to sell the properties and admitted receipt of GH¢2,030,000.00. There is no valid defence to the counterclaim, no triable issue, and defendant is entitled to summary judgment for refund of the amount paid with interest and costs.

Court Disposition

Summary judgment granted for defendant on counterclaim.

Orders

  • Plaintiff to pay defendant GH¢2,030,000.00 with interest from 3rd November, 2023 to date of final payment at Commercial Bank lending rate.
  • Plaintiff to pay costs of GH¢50,000.00 to defendant.