[2006]DLHC7408 • October 19, 2006 • High Court
EBENEZER YEBOAH (PLAINTIFF) vs. NICHOLAS ARHIN (DEFENDANT)
In this suit, the plaintiff endorsed the writ of summons with a claim for: (a) Recovery of the sum of ¢273,550,000.00 being part of the purchase price of the land paid to the defendant and cost of constructing the fence wall. (b) Interest from July 2005 to the date of final payment (c) Damages for breach of warranty of title to the land. On 19th June 2006, the court entered final judgment in favour of the plaintiff on reliefs (a) and (b) in default appearance by the defendant. The suit was then adjourned to 29/06/06 for assessment of damages. But it was not until 27/07/06 that the plaintiff gave evidence. Incidentally, rather than prove damages as claimed in relief (c), the plaintiff proved relief (a), that the is ¢273,550,000,00 upon which judgment had already been given. Plaintiff tendered the receipt for the payment for the land in the sum of ¢200 million in two instalments as Exhibit A. Exhibits B and B1 are receipts for the materials plaintiff bought for the construct...