[2024]DLHC18281 • May 6, 2024 • High Court
FRANCIS VIDAL LARYEA vs. FINALI VENTURES LIMITED.
The Plaintiff, an accountant residing in the UK, acquired a 0.46-acre land at Airport Hills Residential Area, Accra, from the Defendant via a sublease dated 2nd July 1998. The Plaintiff admitted breaching payment covenants but claimed inability to pay due to lack of information on total indebtedness, which the Defendant allegedly withheld. The Plaintiff also claimed denial of access to the land by the Defendant, preventing completion of a three-bedroom building within the agreed two-year period.
read moreRULING BACKGROUND 1. The Plaintiff an accountant resident in the United Kingdom instituted an action against the Defendant Limited Liability Company by a Writ and Statement of Claim filed on 27th October 2015. 2. It was essentially the case of the Plaintiff that he acquired the subject land measuring 0.46 acres and situate at Airport Hills Residential Area in Accra from the Defendant Company and the transaction is evidenced by a sublease dated 2nd July 1998. 3. The Plaintiff admitted in his Statement of Claim that he is in breach of covenants of the sublease to pay monies/outgoings. He however added that he is willing and able to perform his obligation to pay the monies he covenanted to pay but he has been unable to do so because the Defendant has refused to inform him of his total indebtedness under the sublease, despite his requests to the Defendant to inform him of his total indebtedness. The Plaintiff therefore stated that in order to finally and fully discharge his obl...