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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

Judgement

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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