Bediako v Mensah (C1/124/2024) [2025] GHAHC 181 (5 May 2025)

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURTOF JUSTICE, COMMERCIAL DIVISION “B” (GENERAL JURISDICTION) HELD AT SUNYANI ON MONDAY THE 5TH DAY OF MAY, 2025 BEFORE HER LADYSHIP JUSTICE JOYCE BOAHEN, HIGH COURTJUDGE SUITNO. C1/124/2024 NANA ASAREBEDIAKO PLAINTIFF VRS STEPHENAGYEI MENSAH DEFENDANT JUDGMENT Partiespresent BrightAprakuholding brief ofKwakuAntwiAgyeiforthe Plaintiff KofiIddrissah forthe Defendant present BACKGROUND The Plaintiff’sclaims against theDefendant are for; a) Recovery of the total market value of all that Plot No. 45 ‘B’, South Tanoagya, Tanoso and the property thereon as assessed by the Valuer per the Valuation Reportdated 04-04-2024. 1 b) Recovery of the 100 cement blocks which the Plaintiff paid for, to the Defendant orpayment ofits currentmarketvalue. c) GeneralDamages. d) Cost. This is for commencement oftrial. COUNSEL FORDEFENDANT My Lady, at the last sitting, the Defendant was given opportunity to engage a valuer. My client informed me that he engaged someone and the market value as quoted by the Plaintiff, if even it will vary, the variation would be minimal and as such the Defendant would haveto accept same. DEFENDANT Counsel for Defendant’s intimations to the Court was interpreted to the Defendant present in Court in Twi language and he confirmed that what his Counsel intimated to theCourtis the case. 2 Counsel for Defendant therefore prays the Court for judgment to be entered in favour ofthe Plaintiff. Counselholding brief for Plaintiff concursthat judgmentbe entered in their favour. BYCOURT Afterhearing bothCounsel, judgment is hereby entered infavour ofthePlaintiff; For recovery of the total market value of all that Plot No. 45 “B” South Tanoagya, Tanoso and the property thereon assessed by the Valuer per the valuation report dated 4th April, 2024 at One Hundred and Fifty Eight Thousand One Hundred and Twenty Five Ghana Cedis (Ghs 158,125.00). Both the Plaintiff and the Defendant agree that in respect of relief (B), an order be made for the Plaintiff to recover same. Both the Plaintiff and the Defendant agree that regarding relief (C), general damages and relief (D), cost, the Court should award in the Plaintiff’sfavour,FiveThousand Ghana Cedis (Ghs 5,000.00). In the circumstance, the Court hereby awards an amount of Five Thousand Ghana Cedis (Ghs 5,000.00)in respectof generaldamages and costto the Plaintiff. The Court further orders that the Plaintiff recovers the one hundred (100) cement blocks or paymentof its currentmarket value from the Defendant. 3 (SGD) JUSTICEJOYCE BOAHEN HIGHCOURTJUDGE 5TH MAY,2025 4