ANTHONY MUTTLE BADU vs. NANA NTIEDU YEBOAH AND ANOTHER

The plaintiff, Anthony Muttle Badu, instituted an action against the 1st and 2nd defendants seeking recovery of GHC19,500.00 paid for the purchase of farmland which the defendants refused to deliver despite repeated demands. The plaintiff claimed interest on the amount from July 2008 to the date of final payment. The 2nd defendant denied liability, asserting no involvement in any sale of stool lands to the plaintiff. The 1st defendant did not appear. The plaintiff's attorney testified that the plaintiff acquired 15 acres of farmland from the 1st defendant, paying GHC50,000.00 in part payment, with a balance of GHC2,600.00 to be paid upon provision of required documents. The 2nd defendant was alleged to have promised 5 acres of land but failed to fulfill this promise. The plaintiff cultivated parts of the land but faced interference and destruction of crops. Attempts to obtain the land or refund failed.

On the 15th of April, 2015 the plaintiff instituted an action against the 1st and 2nddefendants. By his writ of summons, the plaintiff sought the following reliefs: i. The recovery of an amount of Nineteen Thousand, Five Hundred Ghana cedis (GHC19,500.00) being money given to the defendants for the purchase of land for farming purposes for which the defendants refused to deliver inspite of repeated demands for same. ii. Interest on the said amount of Nineteen Thousand, Five Hundred Ghana cedis (GHC19,500.00) from July, 2008 to date of final payment. Appearance was entered on behalf of the 2nd Defendant by his solicitor on the 24th of April, 2015 and a statement of defense was also filed on his behalf on the same date. The 2nd Defendant denied liability to the plaintiff’s claim on the basis that he has never been party to any sale of part of the stool lands for valuable consideration in favour of the Plaintiff. The 1st Defendant did not enter an appearance. The record shows that.....