ATTOH VRS. TANKO (A2/04/2023) [2023] GHADC 1082 (19 April 2023)

ATTOH VRS. TANKO (A2/04/2023) [2023] GHADC 1082 (19 April 2023)

The defendant, having received notice and failed to appear or contest the claim, is liable for the uncontroverted debt of GHC30,000.00 paid by the plaintiff for land not delivered.

Citation
[2023] GHADC 1082
Parties
Plaintiff: Yussif Attoh; Defendant: Tanko
Court
District Court
Jurisdiction
Ghana
Judgment Date
19 April 2023
Case Number
A2/04/2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Debt Recovery, Sale of Land, Natural Justice
Source Language
English
Contract Law Land Law Debt Recovery Sale of Land Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Yussif Attoh

Plaintiff

Tanko

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable to refund the purchase price for land sold to the plaintiff which could not be delivered.
  2. 2 Whether the plaintiff is entitled to recover the outstanding debt from the defendant.

Ratio Decidendi

The defendant, having received notice and failed to appear or contest the claim, is liable for the uncontroverted debt of GHC30,000.00 paid by the plaintiff for land not delivered.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay GHC30,000.00 to the plaintiff
  • Defendant to pay costs of GHC700.00 to the plaintiff