COLLINS APPIAH v. EYIA KYEI BAFFOUR
2016
HIGH COURT
GHANA
CORAM
- Alexander Osei Tutu J.
Areas of Law
- Contract Law
- Evidence Law
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought specific performance for the purchase of an uncompleted building after the defendant backed out, citing his wife's objection and her financial contributions. The court found no substantive proof of the wife's contributions and ruled in favor of the plaintiff, granting specific performance. The court concluded that the defendant had no right to repudiate the contract solely based on internal family matters after representing himself as the sole owner.
JUDGMENT
I believe the Plaintiff might have learnt some lessons from the above as he approaches this court for a remedy. Apparently, the defendant was in dire need of funds to pursue his political ambition and the Plaintiff was prepared to buy his uncompleted building at Mateheko near Afienya to enable him raise the funds. Believe it or not, the facts of this case are far from complex. After the plaintiff has paid the initial installment, the defendant decided not to sell the house again. Apparently, defendant’s wife had found out about the sale and objected to it. Defendant informed the Plaintiff that he was no longer selling the house and was prepared to refund the sum paid with reasonable interest. It is at the heels of these facts that the Plaintiff initiated his writ in this court on 3rd June 2015 for the following reliefs:
a. An order of specific performance for the defendant to yield vacant possession and hand over the uncompleted 8 bedroom house situate and lying at Mateheko, near Afienya as agreed upon.
b. An order of perpetual injunction restraining the defendant, his agents, assigns, or servants, from selling, alienating, transferring or dealing in any way with the said property.
c. An order directed at the Defendant to formally execute an assignment in favour of the plaintiff in respect of the uncompleted 8 bedroom house situate and lying at Mateheko, near Afienya as agreed upon within a time frame stipulated by the court.
d. Any further orders as the honourable court may deem fit.
Defendant entered an appearance pursuant to service by substitution of the writ on him. In defending the suit, he later amended his statement of defence. At the close of pleadings, the issues set down for determination by the court were:
i. Whether the sale agreement in respect of the property was rescinded by the defendant for prompt payment by the plaintiff in accordance with the parties prior’ agreement or upon the objection to the sale by the defendant’s wife.
ii. If it was, whether the payment of the second installment was consequent to or prior to the rescission of the agreement.
iii. Whether the purported contribution by the defendant’s wife to the property could render the agreement impeachable.
iv. Whether the plaintiff is entitled to his claim.
At the directions stage, the court asked the parties to file their witness statements. This was duly complied with. The plaintiff testified personally without calling any witness in support of his case. Wh