DON ACKAH vs. PERGAH TRANSPORT LIMITED, BERTHA BADOE AND SG-SSB [2010]DLSC2512

Date	2010-04-21
Suit No.	CIVIL APPEAL NO. J4/5/2009
Citation No.	[2010]DLSC2512

ATUGUBA JSC (PRESIDING)

AKUFFO (MS) JSC

ADINYIRA (MRS) JSC

ARYEETEY JSC

AKOTO-BAMFO (MRS) JSC

HAYIBOR DJARBENG & CO. FOR THE PLAINTIFF/RESPONDENT/APPELLANT.

AKUFO-ADDO PREMPEH & CO FOR THE 1ST AND 2ND DEFENDANTS /APPELLANTS / RESPONDENTS

[2010]DLSC2512
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													<main id="main" class="content" style="min-height: 60rem" >DON ACKAH<o:p></o:p>vs.<o:p></o:p>PERGAH TRANSPORT
LIMITED, BERTHA BADOE AND SG-SSB<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<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">

CIVIL APPEAL NO. J4/5/2009&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: 21ST
APRIL, 2010<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>HAYIBOR DJARBENG &amp; CO.
FOR THE PLAINTIFF/RESPONDENT/APPELLANT.<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">

AKUFO-ADDO,
PREMPEH &amp; CO FOR THE 1ST AND 2ND DEFENDANTS /APPELLANTS
/ RESPONDENTS<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">

ATUGUBA
JSC (PRESIDING), AKUFFO (MS) JSC, ADINYIRA (MRS) JSC, ARYEETEY JSC, AKOTO-BAMFO
(MRS) JSC<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;
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JUDGEMENT<o:p></o:p>

</div><o:p>&nbsp;</o:p>ADINYIRA
(MRS), JSC:<o:p></o:p>This is an appeal from the judgment of the Court
Appeal dated 13 December 2007, which subject to certain orders set aside the
judgment of the High Court Accra dated 12 April 2O06. <o:p></o:p>FACTS<o:p></o:p>In 1999, the SG SSB Bank Ltd, the 3rd
Defendant herein offered its property House No. Plot 642 East Legon, Accra, for
sale. The area of contention throughout the trial on the part of the
Plaintiff/Appellant (hereinafter Plaintiff) was that the then Managing Director
of the Bank, Mr. P.K. Thompson informed him of the intention of the Bank to
sell the house. He was initially not interested and later decided to buy the
house after private discussions with Mr. Thompson. The latter introduced him to
Bertha Badoe, the 2nd Defendant/Respondent (hereinafter 2nd
Defendant) the Managing Director of Pergah Transport Ltd the 1st
Defendant/Respondent (hereinafter 1st defendant), who was then
living in the house as his licensee. A friendship developed between the
Plaintiff and 2nd Defendant and they mutually agreed that the Plaintiff
will purchase the house in the name of the 1st Defendant in order to
boost its assets base to meet the terms and conditions of a bid put out by the
Ghana Commercial Bank. It was also agreed that after the 1st
Defendant has won the bid, the house will be transferred to the Plaintiff.<o:p></o:p>The case of the 1st and 2nd
Defendants was that, they made an offer to the Bank to purchase the house.
While the 2nd Defendant was waiting for funding from her brother in
Canada, the Plaintiff offered financial assistance to them to enable them to
purchase the house as he did not want one other person who has expressed
interest in the house to buy it. The Defendants claimed further that there was
no agreement that the house was to be transferred to the Plaintiff after they
won a bid from the Ghana Commercial Bank.<o:p></o:p>The High Court found the version of the Plaintiff
to be more credible and gave judgment in his favour. The 1st and 2nd
Defendants appealed against the judgment on the sole ground that the judgment
was against the weight of evidence. The Court of Appeal reversed the judgment
of the High Court. It however ordered the 1st and 2nd Defendants to refund to
the Plaintiff the sum of GH¢20,000 with
interest thereon at the prevailing bank rate to be calculated at simple interest
from 24 November 1999 to date of judgment. <o:p></o:p>The Plaintiff is now inviting this Court to
restore the judgment of the trial court on the grounds that:<o:p></o:p>A.&nbsp;&nbsp;&nbsp; The judgment is against the weight of evidence.<o:p></o:p>B.&nbsp;&nbsp;&nbsp;&nbsp; The Court of Appeal erred when it substituted its
findings of facts for those of the trial judge.<o:p></o:p>