VINCENT KALEDZI vs. AGNES SAI, NELSON MAMA [2011]DLHC12063

Date	2011-07-29
Suit No.	SUIT NO. E1/119/08
Citation No.	[2011]DLHC12063

HIS LORDSHIP JUSTICE JOHN AJET-NASAM

NYAHE PROSPER WITH CHARLES WALKER DAFEMEKPOR FOR PLAINTIFF/APPLICANT

HEWARD-MILLS FOR DEFENDANTS/RESPONDENTS

[2011]DLHC12063
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													<main id="main" class="content" style="min-height: 60rem" >VINCENT
KALEDZI<o:p></o:p>(PLAINTIFF/APPLICANT)<o:p></o:p>vs.<o:p></o:p>AGNES
SAI, NELSON MAMA<o:p></o:p>(DEFENDANTS/RESPONDENTS)<o:p></o:p>&nbsp;[HIGH COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>COUNSEL<o:p></o:p>NYAHE PROSPER WITH CHARLES WALKER DAFEMEKPOR
FOR PLAINTIFF/APPLICANT,<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>CORAM<o:p></o:p>HIS LORDSHIP JUSTICE JOHN AJET-NASAM<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:normal;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>Vincent
Kaledzi, the plaintiff herein who described himself as Director of Operations
for Star Oil Company took a lease of land lying and situated at Prampram
containing an approximate area of 0.943 acres from the Osu-Wem family with its
lawful representative, Narh Mensah<o:p></o:p>Witness-PW1.
He stated, he was initially granted 25 acres of land as per Exhibit “C”. Before
he went into negotiations, he conducted a search to ascertain the rightful
owners(s) of the land. The search, Exhibit “B” reveled that there was a vesting
assent dated 11/2/2000 in favour of Numo Narh Mensah. Ih his further evidence,
the plaintiff testifies that, the parties agreed for the payment to be done
installment basis, ie the first 25 acres that was sold for one billion, five
hundred thousand cedis.<o:p></o:p>The defendants
not satisfied with the mode of payment then took the 25 acres from him and
replaced such with 10 acres to commensurate the total payment made at the time.
This is what the plaintiff assert. Various receipts were tendered Exhibit E, F,
G, H, J exhibiting the payment made to Nelson Martey who is the 2nd
defendant herein. I must be quick to add that, there were receipts evidencing
payments made by plaintiff to the 2nd defendant to which were at the
blind side of the 1st defendant and of which when confronted during
cross-examination, 1st defendant was taken aback.<o:p></o:p>The
plaintiff in his evidence in chief stated he sent his workmen to the site and
met opposition from land guards of the defendants. When he tried to get a
clarification he was told that, the 10 acres earmarked for him, there was a
mistake which had<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;been
occasioned by the family’s surveyor. The plaintiff was to meet the surveyor for
another piece of land at a different location. To the plaintiff he has suffered
enough being dragged around like a class one table. The plaintiff, before hw
acquired the land made intentions known, ie to put a service station (Filling
Station) so any land off the road will not be acceptable to him.<o:p></o:p>In their
defence and counterclaim, the defendants stated that, the land was mistakenly
granted to the plaintiff and again, it was for one Antwi Bosiako who is
domiciled in Germany. When 1st defendant mounted the witness box,
she also tendered in some receipts evidencing payment by the plaintiff. The
initial four (4) plots that was sold to the plaintiff, the 1st
defendant said it was no more available. The said 4 plots were sold to the
plaintiff to 100 million old cedis. The 1st defendant on the 9th
day of February 2010, said the following when she was being led in defence by
lawyer.<o:p></o:p>WITNESS:&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; My
Lord I sold the 4 plots of land to the plaintiff for 100 million, old Ghana
cedi.<o:p></o:p>HEWARD-MILLS:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Did
you receipt it.<o:p></o:p>WITNESS:&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; Yes
My Lord, I gave him a receipt<o:p></o:p>HEWARD-MILLS:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; You
know where the 4 plots of land is<o:p></o:p>However in
their counterclaim, paragraph 7a the defendants stated, the balance outstanding
is 600,00 Ghana cedis for the ten acres of land to plaintiff. There was no
explanation as to the inconsistencies that had occurred. I would like at this
stage to verify what payment had been made and received with respect to the
plaintiff and defendants as regards the evidence on record. The plaintiff
tendered in receipts albeit given him by the defendants. In fact throughout the
trial, I observed that, the plaintiff looked unhappy about events. That made
learned counsel for the defendant to suggest to him that he is a forgetful
person. The receipts in evidence, tendered by the plaintiff are as fol</main>