JUDGMENT
BACKGROUND
On 12th September, 2014 the Plaintiff instituted the present action against the Defendant herein. The Plaintiff’s claim is for the recovery of cash the sum of GH₡80,000.00 being the cost of two building plots numbered 12&14 7th Street Daban-Kumasi as well as GH₡1,000.00 being the cost of sand. The Plaintiff is also claiming interest on the said amount at the prevailing bank rate from 1st November, 2012 to date of final payment.
Per the statement of claim, the plaintiff’s claim hinges on the fact that the land sold to him later proved to have been encumbered by three different persons.
Upon service of the writ, the Defendant entered appearance through his lawyers on 24th September, 2014. The defendant filed a statement of defence on 5th November, 2014.
The defendant averred in his statement of defence that prior to the sale of the plots of land in dispute, the plaintiff conducted relevant searches and realised that there was no encumbrance on the said land and theref…