[2018]DLHC4012 • April 30, 2018 • High Court
JOE ADDO-YOBO vs. SAASCO PROPERTIES LIMITED AND STEPHEN A. ARHING
The Plaintiff, Joe Addo-Yobo, through his lawful Attorney, commenced an action against the Defendants for recovery of $600,000, the outstanding balance of $700,000 paid for one acre of land from the Defendants, who failed to deliver the land. The Defendants denied the claim, alleging no issue about land delivery. The Plaintiff claimed full payment of $700,000, while Defendants contended a shortfall of $50,000, converted into a loan by the bank. The Plaintiff lodged a police complaint leading to an agreement for refund, with partial payments made. The Plaintiff's Attorney testified on payment and non-delivery; the 2nd Defendant testified on bank transactions, agreements, and partial payments. The case involved issues of agency, fiduciary duty, and contractual obligations.
read morei. Introduction: [1] The Plaintiff per his Lawful Attorney commenced this action against the Defendants on August 14, 2015 for the recovery of money, the sum of $600,000.00 as the outstanding balance of the amount of $700.000.00 paid for one acre of the 1st Defendant’s four-acre plot of land for which the Defendants failed to deliver to the Plaintiff. The Defendants denied the claim and alleged that there was no issue about a plot to be delivered to the Plaintiff. Among the issues for this Court’s determination is whether or not the Plaintiff paid to the Defendants $700,000.00 or less. [2] Per a writ of summons sealed in this registry on 14th day of August, 2015 the Plaintiff claims against the Defendants herein the following judicial reliefs set out here below: a. The sum of US$600,000.00 or the cedis equivalent being balance of purchase price of plot of land paid to Defendants which Defendants failed to deliver b. Interest at the prevailing dollar rate from 18th November, ...