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GIFTY ADDAE
V.
SAMUEL OTENG MENSAH

(2012) JELR 64249 (HC)

High Court 9 Nov 2012 Ghana
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- The case involves a dispute over whether the plaintiff is entitled to interest on an amount owed by the defendant. - The plaintiff claims to have paid the defendant GH¢21,000.00 for a plot of land, but the defendant failed to provide vaca

Case Details

Suit Number:SUIT NO.OCC/33/12
Judges:ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:SOLOMON OPPONG TWUMASI FOR MARIAM AGYEMANG GYASI ,JUAWHARY FOR PLAINTIFF; K. ADUTWUM-MMROSA COUNSEL FOR THE DEFENDANT.

JUDGMENT

The Court is being called upon to determine whether or not the Plaintiff is entitled to interest on an amount of GH¢ 21,000.00 which the Defendant owed as endorsed on the writ of summons filed on 30/03/2012.

It is on record that the Defendant made full payment to the Plaintiff at the commencement of this action but refused to pay the interest thereon.

At the trial, evidence was adduced on oath by the Plaintiff and her husband, PW1. The Plaintiff testified that whilst living in the USA, she authorized PW1 to purchase a plot of land for her. Consequently, the Defendant offered to sell his land and she accepted to buy it for the sum of GH¢21, 000.00. It was her evidence that after paying this money to the Defendant, he could not give her vacant possession. According to her, a third party claimed ownership of the land. She therefore made a demand for a refund of the purchase price. Her evidence was corroborated by PW1, who actually paid the money to the Defendant in April, 2011.

The …

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