[2016]DLHC11975 • December 13, 2016 • High Court
FINEST OIL CO. LTD vs. VICTOR ATABA
Plaintiff entered into an oral agreement with Defendant for the lease of 0.714 acres of land at Mpeasem, East Legon, for 99 years at a price of US$90,000, with half payable upfront and the balance upon registration. Plaintiff paid part of the price and made improvements on the land. Defendant completed registration but withheld the land title certificate due to a dispute over the exchange rate and outstanding balance. Defendant alleged Plaintiff committed fraud by forging signatures on the deed of assignment. Plaintiff denied fraud and claimed Defendant was attempting to resell the land. Defendant counterclaimed for cancellation of the contract on grounds of fraud and illegality.
read moreJUDGMENT Plaintiff issued a Writ of Summons and Statement of Claim against Defendant for the following reliefs: a) An order for Defendant to deliver the land title certificate to Plaintiff. b) Costs including Solicitor’s fees Defendant entered appearance and filed a Statement of Defence on 14th and 24th April respectively. PLAINTIFF’S CASE Plaintiff says it entered into an agreement for the lease of land situate at Mpeasem, East Legon. Plaintiff says the terms of the agreement was 0.714 acres of land for 99 years at the cost of ninety-nine thousand dollars (US$ 99, 0000) Plaintiff said they agreed that the exchange rate would be GH¢2.8= US$1.0. It was agreed that Plaintiff would pay half the price upfront and the remaining balance on the transfer and registration of the in Plaintiff’s name. Plaintiff said it fulfilled its part of the agreement and paid additional monies totalling GH¢166, 000 which equals US$59.285.71. Plaintiff says there remains an outstanding balanc...