NANCY MANA OTENG
V.
SAMUEL K. DICKSON

(2021) JELR 108990 (CA)    
Court of Appeal  ·  H1/181/2019 ·  24 Jun 2021 ·  Ghana
CORAM
L. L. MENSAH JA (PRESIDING), A. A. GAISIE (MRS.) JA, E. BAAH JA
Core Terms Beta
plaintiff
defendant
supreme court
learned trial judge
appeal
statement of defence
trial judge
specific performance
trial court
weight of evidence
free land
grounds of appeal
notice of appeal
amended witness statement
defendant’s evidence
high court
date of final payment
land guards
legal arguments
plaintiff’s case
refund of the purchase price
states
subject matter
court of appeal
cross-examination
defendant’s case
evidence of the plaintiff
jurisdiction of the court
learned author
limitation act
special plea
center of litigation
claim state
close of pleadings
favour of the plaintiff
following issues
ground of appeal fails
judgment of the high court tema
refusal of defendant
residential plot of land
said court case
s. kwami tetteh
such exchange of information
third party proceedings

JUDGMENT

AMMA A. GAISIE (MRS.) JA 

This is an appeal from the Judgment of the High Court Tema dated 8th November, 2010  wherein judgment was entered in favour of the Plaintiff/Respondent as follows: 

1. The Defendant is hereby ordered to refund to the Plaintiff Twenty Three Thousand  United States Dollars (US$23000.00) or its cedi equivalent being the total amount  the Plaintiff paid to the Defendant for the acquisition of two residential plots of  land and to embark on the construction of a house. 

2. Interest at the prevailing bank rate from 2007 to the date of final payment.

3. Cost of GH¢20,000.00 against the Defendant. 

PLAINTIFF’S CASE 

The Plaintiff is a retired teacher while the Defendant is an Architect in private practice. It  is the Plaintiff’s case that in 2005, she met the Defendant in New York who informed her  that he was a real estate developer and was constructing a gated Community at Prampram Lalue. The Defendant convinced her to buy a residential plot of land within the…

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