RALPH KOJO AMETEPI (BRIG. GEN. RTD.) vs. GIDEON KAMASAH [2019]DLHC9028

Date	2019-06-14
Suit No.	SUIT NO.GJ/786/2019
Citation No.	[2019]DLHC9028

HER LADYSHIP JUSTICE JENNIFER ABENA DADZIE

KWABENA ANKAMAH OFFEI-BADU ESQ. OF OTOO & ASSOCIATES LEO CHAMBER ACCRA COUNSEL FOR PLAINTIFF

FORTUNATE KB FIO ESQ. OF POUZUING & ASSOCIATE TESANO ACCRA COUNSEL FOR DEFENDANT

[2019]DLHC9028
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													<main id="main" class="content" style="min-height: 60rem" >RALPH KOJO AMETEPI (BRIG. GEN. RTD.)<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>GIDEON KAMASAH<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH
COURT, (COMMERCIAL DIVISION) ACCRA]<o:p></o:p><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>COUNSEL:<o:p></o:p>KWABENA
ANKAMAH OFFEI-BADU, ESQ. OF OTOO &amp; ASSOCIATES, LEO CHAMBER, ACCRA, COUNSEL
FOR PLAINTIFF<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;margin-left:0cm;margin-right:.2pt">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
justify;line-height:115%;tab-stops:298.8pt;border:none;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">FORTUNATE KB FIO, ESQ. OF POUZUING
&amp; ASSOCIATE, TESANO, ACCRA, COUNSEL FOR DEFENDANT<o:p></o:p>

</div>CORAM:<o:p></o:p>HER LADYSHIP
JUSTICE JENNIFER ABENA DADZIE<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;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">RULING<o:p></o:p>

</div><o:p>&nbsp;</o:p>The case of the Plaintiff is that the statement of
defence and counterclaim of the Defendant filed on March 7, 2019 in the
Registry of this Court does not disclose any reasonable defence. It is the
contention of the Plaintiff that the Defendant admitted the claim of the
Plaintiff to the effect that he had received various payments from the Plaintiff
and hence the case of the Plaintiff has been made out. It is for this reason
that by this application, the Plaintiff prays for an order of summary judgment
against the Defendant pursuant to Order
14 of the High Court (Civil Procedure) Rules, 2004 (CI 47).<o:p></o:p>The facts in issue in this case are largely not
disputed by the parties. The Plaintiff, in his quest to find and purchase a
large tract of land to undertake a commercial enterprise upon his retirement
from the Ghana Armed Forces, claims the Defendant was introduced to him as a
real estate agent capable of assisting him in that regard. The Defendant was
able to secure six (6) plots of land situate at New Adentan in this quest (the
“1st Land”). &nbsp;Upon agreement
and after inspecting the indenture of the land, Plaintiff avers that he paid Two
Hundred and Seventy Thousand Ghana cedis (GH¢270,000.00) in partial fulfilment
of the total price of Three Hundred and Seventy Thousand Ghana cedis (GH¢
370,000.000) to the Defendant, who was acting as the agent of the owner. The
remaining One Hundred Thousand Ghana cedis (GH¢100,000.00) was to be paid in twelve
(12) months. A contract of sale agreement, a copy of which was marked as Exhibit RKA “1”, was then executed
between the parties reciting the foregoing. &nbsp;Plaintiff had to however abandon this deal when
it turned out from the searches he carried out that the parcel of land in
question was not covered by the indenture of the alleged property owner
produced for his inspection.<o:p></o:p>To make up for this bad deal, the Defendant offered
the Plaintiff, this time a ten (10) plot parcel of land situate at Oyibi which
the Defendant alleged he was about completing its acquisition from the owners,
the Oyibi Mantse (the 2nd Land”). &nbsp;At the request of Defendant, Plaintiff made
part payment to the Defendant of One Hundred Thousand Ghana Cedis (GH¢100,000.00)
and he was issued with an indenture covering the stated land and a receipt of
payment, marked as Exhibits RKA “2”
and “3” respectively. Yet for other
reasons, the Plaintiff was not put in possession of this other land. <o:p></o:p>The Defendant then offered Plaintiff, a third time,
eight (8) plots of land of which he, Defendant, was the owner, situate at
Pantang (the “3rd Land”). To prepare the indenture on the land, the
Defendant demanded and the Plaintiff gave him Twenty thousand Ghana Cedis (GH¢20,000.00).
A copy of the receipt evidencing this payment is on the record and marked as Exhibit RKA “4”. As had occurred at all
other times, the Defendant could not put Plaintiff in possession of this land
too.<o:p></o:p>In all, the Plaintiff claims he has paid total of Three
Hundred and Ninety Thousand Ghana cedis (GH¢ 390,000.00) to the Defendant but
the Defendant has failed to put him in possession of any land. He therefore
made a demand on the Defendant to refund those monies but the Defendant having
failed so to do, the Plaintiff instituted the present suit to recover same and
has brought the instant application praying that summary judgment be entered
against the Defendant for his reliefs as the Defendant has no defence to his
claims.&nbsp; These reliefs endorsed on the
writ of summons are:<o:p></o:p><span 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;;mso-ansi-language:EN-US">a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;