MIKE ADU NANA
V.
NANA OSEI YAW

(2013) JELR 63761 (HC)    
High Court  ·  SUIT NO.RPC/81/12 ·  11 Jan 2013 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
plaintiff’s case
evidence act
acceptance of an offer
defendant’s property
zambrama v segbedzi
price of gh
admissible evidence
defendant
agreed purchase price
down payment of gh
counter offer
plaintiff
purchase of a house
presence of his mother
continental plastics v imc industries
cross-examination
behalf of a gave d notice
refund of an amount
agreed sale price of the property
exhibit b
final payment
inter alia
plaintiff’s money
plaintiff’s evidence
instant action
statement of claim
adwubeng v domfeh
preponderance of the probabilities
evidence show
standard of proof
civil actions
worst case scenario
receipt of an amount of gh
such formal agreement
ors v elizabeth bih
general rule
ghanaian case of deegbe v nsiah
case of hyde v wrench
specific mode of acceptance
exhibit f
supreme court
possession of the property
case of yaa samanhyia
different figure
yaa kwesi v arhin davis
defendant’s mother
case
case of fofie v zanyo
offer
court

JUDGMENT

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 agreement was rather prepa…

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