MAMAVI vs. WEST AFRICAN BUILDING LTD. [1965]DLHC1826

Date	1965-03-29
Suit No.
Citation No.	[1965]DLHC1826

APALOO J.S.C.

E. N. MOORE FOR THE PLAINTIFF.

J. B. QUASHIE-IDUN FOR THE DEFENDANT.

DR. DE GRAFT-JOHNSON FOR THE THIRD PARTY.

[1965]DLHC1826
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													<main id="main" class="content" style="min-height: 60rem" >MAMAVI <o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; vs.
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>WEST AFRICAN BUILDING LTD. <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1965] GLR 216<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
29 MARCH 1965.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

E. N. MOORE FOR THE PLAINTIFF.<o:p></o:p>

J. B. QUASHIE-IDUN FOR THE DEFENDANT.<o:p></o:p>

DR. DE GRAFT-JOHNSON FOR THE THIRD PARTY.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

APALOO J.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APALOO J.SC.<o:p></o:p>In this
action the plaintiff claims from the defendant company the sum of £G2,400 which
he admittedly paid to the company for the purchase of a house described as No.
4 Main Street, Tesano. The plaintiff seeks to recover the purchase price on the
ground that the defendant company (which I shall hereafter refer to as the
company) refused to complete the sale by the execution of a conveyance or
assignment in his favour. The substance of the company’s reply is that on the
express instructions of the plaintiff, the receipt for the purchase price was
made out in favour of one Miss Evelyn Amarteifio who was subsequently joined to
this suit as a third party and that the plaintiff further instructed that the
assignment be executed in the name of the third party.<o:p></o:p><o:p>&nbsp;</o:p>The
company also say that before the assignment could be completed, the plaintiff
countermanded his instructions and both the plaintiff and the third party set
up rival claims to the house. Accordingly, the company say they were and are
willing to convey the house to whoever is adjudged to be the owner. That being
the stand they took, the company sought and obtained an order joining the said
Miss Evelyn Amarteifio as a third party. Against her they claim indemnity or
contribution to the extent of the plaintiff’s claim. On being joined to the
suit, the third party entered an appearance and filed a defence which, as
subsequently amended, was to the effect that the house in question was bought
for her in pursuance of a promise which the plaintiff made to her. The third
party’s answer amounts to no more than that the house was gifted to her by the
plaintiff. This was seriously controverted by the latter.<o:p></o:p>Counsel
for the company argued that they were merely stakeholders and are not
interested as such in the dispute between the plaintiff and the third party. I
think on the pleadings and the way in which the case was fought that is a
correct description of their role, although this seems to have been blurred by
the way in which the writ was framed. I do not wish to emphasize the form of
the matter as I propose to decide this case on its merits not on its form. In
any case, questions about form are out of fashion nowadays. There are also
issues of law, depending of course, as issues of law ever do, on the facts proved
and to the facts I now turn.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff, who I should judge to be in his middle forties, comes from Dahomey.
He says, and I have no reason to doubt it, that he has been living in Ghana
since 1942. He was lawfully married to a Ghanaian in 1959 under the Marriage
Ordinance, Cap. 127 (1951 Rev.). He is and was, at the date material to this
case, employed by a company called Umarco. In 1963, he was in receipt of salary
at the rate of £G65 per month and a car allowance of £G20 per month. That does
not seem in present-day economics, a generous salary but the evidence which I
have heard in this case satisfies me that he is a man of some substance. In
addition to English which he writes and speaks very well, he also writes
French. Two of the letters which he admitted writing to the third party were
commenced “Ma Chere Eve” which I believe is the French for “my dear Eve.” So
much for the background of the plaintiff in so far as the evidence enables me
to form any picture of it.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff said some time towards the close of 1962 he visited the offices of
the defendant company. His object was to inquire about some of the buildings
which the company erected for sale. He said he met a Mr. Asare who is one of
the two directors of the company. The latter showed him plans of the buildings
which the company had and their respective prices. According to the plaintiff,
he decided to buy one the price of which was given as £G2,400. Accordingly, he
took to the offices of the company the sum of £G2,400 in cash to pay for the
one of those houses. This was on 8th January, 1963. Th</main>