MR CHARLES BRANYA AND MRS FLORENCE BRANYA vs. KWAKU AKWETEY, AUGUSTINA LAWSON, GHANDAH IMPEX (GH) LTD AND LANDS COMMISSION [2012]DLHC4189

MR CHARLES BRANYA AND MRS FLORENCE BRANYA vs. KWAKU AKWETEY, AUGUSTINA LAWSON, G... [2012]DLHC4189

Date	2012-05-23
Suit No.	SUIT NO.FAL/182/12
Citation No.	[2012]DLHC4189

HIS LORDSHIP MR JUSTICE P. BRIGHT MENSAH

ENOH-AMAH ANDOH FOR THE PLAINTIFFS

ROBERT K. YEBOAH FOR THE 1ST – 3RD DEFENDANTS

[2012]DLHC4189
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													<main id="main" class="content" style="min-height: 60rem" >MR CHARLES BRANYA AND
MRS FLORENCE BRANYA<o:p></o:p>vs.<o:p></o:p>KWAKU AKWETEY, AUGUSTINA
LAWSON, GHANDAH IMPEX (GH) LTD AND LANDS COMMISSION<o:p></o:p>[HIGH
COURT (FINANCIAL DIVISION 1), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO.FAL/182/12&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: 23RD MAY, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>ENOH-AMAH
ANDOH FOR THE PLAINTIFFS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ROBERT
K. YEBOAH FOR THE 1ST – 3RD DEFENDANTS<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS
LORDSHIP MR JUSTICE P. BRIGHT MENSAH<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>On
the 17th day of February, 2012 the Plaintiffs herein recovered as against the
1st – 3rd defendants, an interlocutory judgment in default of defence in an
action in which they had claimed as per their writ of summons, the reliefs
listed here below:<o:p></o:p>1.&nbsp;&nbsp;&nbsp; A declaration that having paid an amount of
US$100,000.00 in respect of land with building thereon situate at
Haatso/Ashong- man and otherwise described in the 3rd defendant’s Land Title Certificate
No. GA 19462 dated 7th November, 2003 as Section 167 Block 38 with parcel No.
247 they are entitled to the relief of specific performance of the agreement
dated 18th July, 2011 between the Plaintiff and 1st, 2nd and 3rd defendants.<o:p></o:p>2.&nbsp;&nbsp;&nbsp; An order of specific performance directed
at the 1st, 2nd and 3rd defendants to perform their part of the
agreement to sell the land with building thereon situate at Haatso/Ashongman
and otherwise described in the 3rd defendant’s Land Title certificate No. GA
19462.<o:p></o:p>3.&nbsp;&nbsp;&nbsp; Injunction<o:p></o:p>4.&nbsp;&nbsp;&nbsp; Recovery of possession<o:p></o:p>5.&nbsp;&nbsp;&nbsp; Any further order or orders as this
honourable court may deem fit in the circumstance.<o:p></o:p><o:p>&nbsp;</o:p>When
the court had entered the default judgment the matter was adjourned for the
Plaintiffs to prove their claim.&nbsp; In
support of their claim, a lawful Attorney, Kwadwo Yeboah offered evidence on
their behalf who was then cross-examined by the lawyer for the 1st – 3rd
defendants, Mr Robert K Yeboah.<o:p></o:p>The
matters which are not in serious controversy in this case are that the 1st –
3rd defendants offered to sell off their property, a land with a building
thereon situate and lying at Haatso.&nbsp; The
Plaintiffs offered to purchase it and after much negotiation the parties
settled on US$150,000.00 as the purchase price.&nbsp;
Pursuant to the agreement, the Plaintiffs made a part payment of
US$100,000.00 on 18/07/11.&nbsp; A receipt
issued to the Plaintiffs in connection with the purchase was tendered in
evidence as Exhibit B.<o:p></o:p>In
his sworn testimony to the court, the lawful Attorney said, among other things,
that the Plaintiffs were to pay up the balance of US$50,000.00 by 06/01/12
failing which the 1st and 2nd defendants reserved the right to sell the
property and refund the Plaintiffs’ money to them.&nbsp; According to the witness, within 30 days
after the initial payment the 2nd Plaintiff arrived from the United States
where both Plaintiffs are ordinarily resident, to tender the outstanding
balance.&nbsp; When it was requested that the
1st defendant gave them all the necessary documents covering the property in return
of the $50,0000.00 to him,&nbsp; he rather
gave them photocopies of an Indenture.&nbsp;
That gave rise to a protest by the Plaintiffs, he added.<o:p></o:p>Kwadwo
Yeboah testified further that as a result of the 1st defendant’s unwilling-ness
to give them the original documents, the Plaintiffs caused their lawyer to
write to the 1st – 3rd defendants to demand the performance of his side of the
bargain.&nbsp; That letter was tendered in
evidence as Exhibit C.&nbsp;&nbsp; When the
Plaintiffs were not getting any favourable response from the 1st – 3rd
defendants they caused their lawyer to send a reminder.&nbsp; This was also tendered in evidence as Exhibit
D.<o:p></o:p>Concluding,
the witness said regardless of the reminders sent to the 1st – 3rd defendants,
they have still not handed over the premises to their Plaintiffs neither have
they given them the original documents covering the property.&nbsp; The Plaintiffs are therefore claiming as per
their writ, he said.<o:p></o:p>Although
the witness was subjected to some form of critical cross-examination by learned
Counsel for the 1st – 3rd defendants, I find that the witness remained
unshaken.&nbsp; Indeed, I hold that the
cross-examination did not do any damage to that impeccable evidence offered on
behalf of the Plaintiffs.&nbsp; In the result,
I make the following findings of fact:<o:p></o:p>1.&nbsp;&nbsp;&nbsp; that sometime in July, 2011 the 1st and 2nd
defendants who are the directors of the 3rd defendant company and the
controlling minds of that company offered to sell, and the Plaintiffs also agreed
to purchase, the property in contention situate at Haatso near Accra;<o:p></o:p>2.&nbsp;&nbsp;&nbsp; after the parties had agreed on US$150,000.00
as the purchase price, the Plaintiffs made a part payment of US100,000.00 and
it was a term of the contract that the balance was to be paid within 6months
from the date of the initial payment in July, 2011;<o:p></o:p>3.&nbsp;&nbsp;&nbsp; that within the 6-month period the Plaintiffs,
in final settlement of the purchase price, offered to pay the ou</main>