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JOHNY NANA KWAKU DUAH
V.
TOP KINGS ENTERPRISE

(2025) JELR 115281 (HC)

High Court 20 May 2025 Ghana
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Case Details

Suit Number:CM/BDC/0220/2023
Judges:SEDINA AGBEMAVA, J.
Counsel:EMMANUEL KWASI KUMAH FOR THE PLAINTIFF. ANNA RHODA AMOAKO DOKU WITH KRISTABEL KLENAM ADJOE HOLDING BRIEF FOR RALPH POKU ADUSEI FOR THE DEFENDANT.
Location:Accra

JUDGMENT

The present suit admits of no complexities whatsoever. The Plaintiff in its amended writ of summons asks for the underlisted reliefs:

a. Declaration that the Defendant has breached the terms of the Agreement between the Plaintiff and the Defendant.

b. An order for the payment of the Fifty Thousand United States Dollars (US$50,000.00) or in the alternative, an order for specific performance.

c. Interest on the Fifty Thousand Dollars from June 2015 till date of final payment.

d. Costs including legal fees.

e. Any other order as the Court deems fit.

The Plaintiff’s claim is a simple one. It entered into an Agreement with the Defendant for the purchase of a four bedroom House at a place known as Kingsville, Oyarifa in Accra. This house was priced at Fifty Thousand Dollars and Plaintiff says he paid the full purchase price as requested.

The Defendant however failed to deliver up the property as promised in November of 2016. Following this failure, the Defendant promised a new deliver…

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