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MR. ERIC KARIKARI & ANOR
V.
MRS CYNTHIA SWANN

(2022) JELR 112284 (CA)

Court of Appeal 11 May 2022 Ghana
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- The Plaintiffs filed a lawsuit against the Defendant for the failed sale of four plots of land. - The Defendant failed to refund the money paid by the Plaintiffs and did not enter appearance in court. - The Plaintiffs obtained a default j

Case Details

Suit Number:CIVIL APPEAL NO. H1/49/2022
Judges:VICTOR OFOE, J.A (PRESIDING) MERLEY A. WOOD (MRS), J.A ERIC BAAH, J.A
Counsel:Osei Akoto Appiah-Hene for Defendant/Appellant. Georgina Batu for Plaintiffs/Respondent.
Location:Accra

JUDGMENT

MERLEY WOOD, JA

The antecedents leading to this appeal are that the Plaintiffs/Respondents who are a married couple hereinafter referred to as Plaintiffs or Respondents instituted an action on 29th January 2019 against the Defendant/Appellant who is a sister of the 2nd Plaintiff (hereinafter referred to as either Defendant or Appellant) by the filing of a Writ of Summons and Statement of Claim. The Defendant in or about February 2016, contracted to sell to the Plaintiffs four plots of land situate at Lashibi for the sum of £28,000.00. The Plaintiffs paid the Defendant a total sum of £16,400 after having paid an initial £6,440 by installments from February 2016 to July 2017 and £10,000 on 1st August 2017. The Plaintiffs were given the option to take up possession to develop same and to pay the balance by installments but they could not because the Defendant did not have any bonafide interest in the plots and thus the transaction failed. Despite repeated demands, the Defendant fa…

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