BEN HAASTRUP QUORNOOH vs. BASHIR PATTY [2016]DLCA4841

Date	2016-04-21
Suit No.	SUIT NO: H1/151/15
Citation No.	[2016]DLCA4841

OFOE J.A

KORBIEH J.A

WELBOURNE J.A

JUSTICE SREM SAR FOR DEFENDANT/APPELLANT

KIZITO BEYUO FOR PLAINTIFF /RESPONDENT

[2016]DLCA4841
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													<main id="main" class="content" style="min-height: 60rem" >BEN HAASTRUP QUORNOOH <o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>BASHIR PATTY <o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p><o:p>&nbsp;</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;
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SUIT
NO: H1/151/15&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: 21ST APRIL,
2016<o:p></o:p>

</div>COUNSEL:<o:p></o:p>JUSTICE SREM SAR FOR
DEFENDANT/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">

KIZITO
BEYUO FOR PLAINTIFF /RESPONDENT<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;
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OFOE
J.A, KORBIEH J.A, WELBOURNE 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;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>OFOE,
J.A:<o:p></o:p>I
have read the appeal records and I don’t think this a case that should give me
any labour. I will present the facts of this case in its most sketchy form but
ensuring that the essence is not lost on the reader as to what happened in
substance between the parties.<o:p></o:p>The
claim the plaintiff is making against the defendant is for a declaration from
this court that an agreement of sale made between him and the defendant on the
2nd of May 2012 concerning land noted in Land Title Certificate No.
GA34595 has been abrogated or at an end. He is asking for a further order that
not only should the defendant surrender the original Land Title Certificate No
GA38934 issued in the name of Project and Business Development Center but that
the Land Registry should also cancel and delete from its register this
Certificate.<o:p></o:p>Plaintiff
is in court because a misunderstanding has arisen between him and the defendant
on the sale agreement in respect of a piece of Land within the environs of Osu.
There is no dispute on the facts that the plaintiff has property in the
environs of Osu registered in his name but the Land Title Certificate on the
said land was with a bank as security for a loan he took from the bank. His
family friend, the defendant, was to assist him canvass for the sale to
interested purchasers to enable him raise money to pay the bank. It was
subsequently agreed to sell to the defendant. A sale agreement was entered at a
price of GH¢230,000 which was to be paid latest the 30th May 2012.
It is not in dispute that the defendant failed to meet this payment deadline
and with the indulgence of the plaintiff the payment stood unpaid for some time.
Because the defendant was not able to pay the purchase price by this date there
was the understanding that the defendant raise an amount of GH¢61,000 to enable
the plaintiff pay the bank and retrieve his land document, which in any case
will be needed to perfect any sale of this land. This was done and the bank was
paid. To enable the defendant apply for the loan it was understood that the
property will be turned over into the defendant’s company name which will then use
it to take a loan from a bank and pay the plaintiff the purchase price of GH¢230,000
less the GH¢61,000. According to the plaintiff from the time the property was
vested in the defendant he has been dodgy, elusive and completely went at large
for some time. Eventually the defendant came out on the 11th of
October 2012 with an apology offering three options to the plaintiff. Either
the plaintiff gives him more time to pay or plaintiff refunds his deposit and
defendant in turn return the Land Certificate to him or the land is sold and
his refund given to him. According to the plaintiff he chose the option of
selling the land and refunding the defendant’s deposit. He eventually sold the
land to a third party and informed the defendant accordingly. All efforts to
get the defendant to take his deposit back and return the Land Title
Certificate issued to him in his company name has proved futile. According to
plaintiff on the 20th January, 2014 the defendant belatedly informed him he had
now paid the balance on the purchase price into plaintiff’s account. This was
rejected and the plaintiff directed his bank to return the payment to the
defendant, which they did. Recent development has it that even though the
defendant is aware that the land has been sold to a third party he has entered
the land and deposited sand and stones along those put there by the third party
who the plaintiff sold the land to. It is amidst these circumstances that the
plaintiff sought an injunction to restrain the defendant from entering unto the
land for any purpose including depositing materials unto th</main>