JUDGMENT
MENSAH-HOMIAH (MRS.) J.
On 30/01/2012, the Plaintiff herein instituted this action against the Defendant herein, claiming a refund of an amount of forty thousand Ghana cedis (GH¢40,000.00) paid to the Defendant towards the purchase of a house numbered Plot 1 Block ‘A’ Kronum, Kumasi but which could not materialize.
The Plaintiff’s case as captured in his statement of claim filed on 30/1/12 is that sometime in March, 2009, he entered into an agreement to purchase the Defendant’s property as described on the writ of summons at the price of GH¢105,000.00. It is also his case that, as agreed between them, upon making a down payment of GH¢40,000.00 to the Defendant, he was to take possession of the property, construct stores on the same and pay the balance later. The Plaintiff further averred that after paying GH¢41,000.00, the Defendant refused or failed to give him vacant possession and has also refused to refund the money paid to him.
On his part, the Defendant pleaded that the agr…