CECILIA NKETIA
V.
ALICE VIOLET KUMA

(2017) JELR 69760 (HC)    
High Court  ·  SUIT NO.: BDC/10/2015 ·  22 Dec 2017 ·  Ghana
CORAM
SAMUEL K. A. ASIEDU J.
Core Terms Beta
plaintiff
defendant
parties
court
exhibit
interest
purchase price
balance of the purchase price
breach of contract
court finds
evidence
statement of defence
payment of the purchase price
plaintiff’s action
opinion of the court
ample evidence
bank account
circumstances of this case
pleadings of the parties
statement of claim
acknowledgment of the debt
actual date
allegation of limitation
breach of a fundamental term of the agreement
breach of the contract
cbam services inc.
cross examination
date of final payment
demands
following cases
fundamental condition
house no.
house number
long time
main reasons
matter claims
payment of the outstanding purchase price
plaintiff’s allegations
plaintiff’s bank account
prevailing bank rate
purchase price of the house
record shows
refund of us
said letter
service of the writ
social security bank ltd
subsequent actions
time of the agreement
united states of america

By a writ of summons issued on the 6th May 2015, the plaintiff in this matter claims against the defendant

“An order for the refund of US$97,000.00 being the purchase price paid by the Plaintiff to the Defendant for the House No. 8, Community 3, Tema, the consideration of which has failed.

Interest on US$97,000.00 from 1st December 2008 to date of final payment at the prevailing bank rate.

General Damages

Costs.”

After the service of the writ and its accompanying statement of claim, the defendant filed an appearance and later a statement of defence in which she counterclaim against the plaintiff:

A declaration that the Plaintiff is in breach of contract,

Damages for breach of contract.

Cost.

The case was set down for hearing after the failure of pre-trial settlement. The parties gave evidence and closed their case without calling any witness to testify.

From the pleadings of the parties the court finds that the parties agree that in the year 2006, they entered into an agreement for the defendan…

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