DON ACKAH (PLAINTIFF/ RESPONDENT) vs. PERGAH TRANSPORT LTD. & 2 OTHERS (DEFENDANTS/ APPELLANTS) [2007]DLCA7434

DON ACKAH (PLAINTIFF/ RESPONDENT) vs. PERGAH TRANSPORT LTD. & 2 OTHERS (DEFENDAN... [2007]DLCA7434

Date	2007-12-13
Suit No.	SUIT NO. H1/185/07
Citation No.	[2007]DLCA7434

AKAMBA J. A. PRESIDING

QUAYE J. A.

MARFUL-SAU J. A

MR. JULIUS HUKPORTI FOR PLAINTIFF/RESPONDENT

MR. K. ASIRIFIE AND MR. OSEI OWUSU FOR DEFENDANTS/APPELLANTS.

[2007]DLCA7434
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													<main id="main" class="content" style="min-height: 60rem" >DON ACKAH<o:p></o:p>(PLAINTIFF/ RESPONDENT)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>PERGAH
TRANSPORT LTD. &amp; 2 OTHERS<o:p></o:p>(DEFENDANTS/
APPELLANTS)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. H1/185/07&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE:
13TH DECEMBER, 2007<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
JULIUS HUKPORTI FOR PLAINTIFF/RESPONDENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

AKAMBA
J. A. PRESIDING, QUAYE J. A. , MARFUL-SAU J. A<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>MARFUL-SAU J.A. <o:p></o:p>The
fundamental issue raised in this appeal for determination is who owns house no.
plot 642 East Legon Accra. Is it owned by the Respondent herein or the1st
Appellant? From the record of appeal the facts of the case simply are as
follows: - SG.SSB Bank Ltd. who were the 3rd Defendants in the trial offered to
sell house No. Plot 642, East Legon Accra. The house was at the time occupied
by the 2nd Appellant herein. The purchase price of the house was fixed at
¢330,000,000.00. This transaction was in year 1999. The Respondent herein
arranged for a loan of ¢200,000,000.00 from Unique Trust Financial Services for
the 1st Appellant, which amount was paid to SG SSB Bank Ltd. by 1st Appellant
as part payment of the purchased price. After about four (4) years, the balance
of ¢130,000,000.00 was paid by the Respondent again on behalf of the 1st
Appellant. Meanwhile the 1st Appellant unknown to the Respondent also issued
two cheques in the sums of ¢60,000,000.00 and ¢70,000,000.00 to pay off the
outstanding purchase price of ¢130,000,000.00. The SG SSB Bank Ltd. was to
deposit the title deeds on the house in dispute with the Unique Trust Financial
Services after full payment of the ¢330,000,000.00 but from the record of
appeal this was not done, due to the delay in the payment of the
¢130,000,000.00 balance. <o:p></o:p>The contest in this case however is not as to who paid
what and on whose behalf. The bone of contention relates to the claim by the
Respondent that the offer for the sale of the said house was made to him and he
agreed with the 2nd Appellant that he will purchase the house in the name of
the 1st Appellant, to enable the 1st Appellant boost it corporate profile and
afterwards transferred to the Respondent. This claim by the Respondent was
disputed fiercely by the 2nd Appellant who denies ever agreeing with Respondent
to pay for the house in the name of the 1st Appellant and ownership later
transferred to the Respondent. According to the 2nd Appellant the offer was
made to her and she only sought financial assistance from the Respondent who
offered to help 2nd Appellant pay for the house.<o:p></o:p>&nbsp;The dispute came
to a head, when the Respondent requested the 2nd Appellant to vacate the
premises. Upon her refusal, the Respondent took a team of workmen to dismantle
portions of the house, an act that resulted in the arrest of the Respondent by
the police. Following the police arrest the Respondent commenced this action
with a writ, by which he claimed the following reliefs: —<o:p></o:p>&nbsp;a. A declaration
that by the payment by Plaintiff of the purchase price on H/No. Plot 642 East
Legon, Accra, offered for sale by the SSB Bank Ltd. the Plaintiff is the owner
of the said house and therefore entitled to a transfer of the same into his
name. <o:p></o:p>b. A declaration that the 1st and 2nd Defendant have no
legal and /or equitable interest in the said H/No. Plot 642, East Legon, Accra.
<o:p></o:p>c. A further declaration that the 2nd Defendant is a
trespasser in the said H/No. Plot 642, East Legon, Accra. <o:p></o:p>d. An order that the 3rd Defendant transfers the said
H/No. Plot 642 East Legon, Accra to the Plaintiff or in the alternative the
Registrar of this court transfers the same to the Plaintiff at the cost of the
3rd Defendant. <o:p></o:p>e. An order that the 2nd Defendant vacates the said
house, H/No Plot 642 East Legon, Accra and deliver vacant possession to the
Plaintifff.<o:p></o:p>f. Cost and Lawyers fees. <o:p></o:p>