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VIVIANNE STREHILE & ANOR
V.
MADAM ELIZABETH POKUA & ORS

(2019) JELR 64156 (CA)

Court of Appeal 16 May 2019 Ghana
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- The plaintiff/appellant entered into an agreement with the 1st defendant/respondent to purchase land in Ghana for her children. - The plaintiff paid Ghȼ100,000.00 to the respondent to send to the other defendants for the land. - It was la

Case Details

Suit Number:SUIT NO.: H1/69/2019
Judges:HONYENUGA J.A. (PRESIDING), TORKORNOO J. A., GAISIE J.A
Counsel:MRS. MARGARET ACHIAMPONG FOR THE PLAINTIFFS/APPELLANTS,NO LEGAL REPRESENTATIVE FOR THE DEFENDANTS /RESPONDENTS

JUDGMENT

TORKORNOO, J.A.

The 1st Defendant (Respondent to this appeal) represented to the Plaintiff/Appellant that she was able to assist her to purchase land in Ghana for her children who were resident in Germany. The Respondent represented that she could obtain the said land from the 2nd, 3rd, 4th and 5th Defendants in the suit at the high court. After giving Ghȼ100,000.0 to the Respondent to send to the other Defendants ostensibly for the land in South Legon, it turned out that the 2nd to 5th Defendants could not deliver the land. First the land shown to Appellant was actually on record as government land, and second, it was encumbered by a lease to a third party. The Appellant sued the Respondent for

a. Ghȼ100,000.00 being the amount paid to the 1st Defendant as the purchase price of the two (2) plots of land for onward transmission to the 2nd, 3rd, 4th and 5th Defendants.

b. Ghȼ18,000.00 being the money spent to build and repair the fence wall.

c. Ghȼ1,200.00.00 spent on land guards t…

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