In the world of real estate, expectations are often high, and so are the stakes. But what happens when things go awry? That’s the question answered by the District Court in the case of Godwin Kofi Ofori v. George Adu Duah, a case that highlights the importance of keeping promises and money in the world of property deals.
The Disappearing Act: Money Paid, But No Keys
In February 2024, Plaintiff Godwin Kofi Ofori, a freelance writer, set out to find a new place to live. There came George Adu Duah, a real estate agent who promised to find him a three-bedroom accommodation. The two met via an online platform ( Jiji) and quickly got down to business. By March 28, 2024, after inspecting the property and without signing any agreement, Godwin transferred GH₵24,000.00 to George’s Access Bank account as rent, along with an additional GH₵2,400 for agent fees.
Everything seemed fine until the time came to collect the keys. The plot twist? George never showed up, and when Godwin and his family arrived at the property, they were informed the house had already been rented out to someone else. Shocked and disappointed, Godwin demanded a refund. George paid GH₵15,500, but refused to pay the remaining balance of GH₵10,900, prompting this legal action.
The Price of Not Showing Up
When the case first went to court on 10th June 2024, George Adu Duah failed to appear, despite receiving all the legal documents. According to Order 25, Rule 1(2) of CI 59, the court allowed Godwin to present his case in full, as George, the defendant’s absence meant there was no defense to challenge Godwin, the plaintiff’s claim.
The Case That Was Won on Paper
Godwin’s evidence was clear, supported by his bank statements, which confirmed that GH₵24,000 had been transferred to George’s account. The lack of any challenge from George, the defendant, meant the court could rely solely on Godwin’s testimony and supporting documents.
In the absence of George’s defence, the court ruled in favour of Godwin, ordering George to pay the remaining balance of GH₵10,900, plus interest calculated from March 2024 at the prevailing bank rate. The court also awarded Godwin GH₵2,000 in costs.
Lessons from the Case
This case serves as a timely reminder for both parties in property transactions:
- Seal the Deal with Clarity and Commitment
This case underscores the importance of having crystal-clear agreements and ensuring both parties fulfill their obligations. Godwin Kofi Ofori trusted George Adu Duah to secure accommodation, only to face unmet promises and financial loss. A well-executed agreement, honoured by both sides, could have saved time, money, and legal action.
- Show Up When It Matters: A defendant’s absence in court can result in losing a case, especially when the plaintiff’s evidence is unchallenged.
- Documents Are Your Best Friend: As seen in this case, clear documentation (such as bank transfers and agreements) can make all the difference in proving a claim.
This case is a shining example of how skipping out on your promises can land you in hot water and an empty bank account. For George Adu Duah, it wasn’t just about failing to deliver on rent; it was a crash course in accountability, served courtroom style. Let this be a reminder: when you sign up for a deal, follow through or be ready to pay the price, quite literally!
David Amaara Adaawin on behalf of OSD and Partners. [email protected]
