CYNTHIA VIGBEDOR vrs VIVIAN KPEGLO

This is an appeal against the ruling of the trial Circuit Court Accra dated the 15th day of December, 2023 granting the application to dismiss the Plaintiff/

Appellant’s action against the Defendant/Respondent.

Dissatisfied with the ruling aforesaid, the Plaintiff/Appellant herein mounted the present appeal against the ruling on the 4th day of March, 2024 on the following grounds:

a. The ruling by the learned trial Judge is against the weight of Affidavit evidence.

b. The Honourable court erred in law in holding that, the Plaintiff/Appellant does not have capacity to maintain the action against the Defendant/Respondent; the court ought to have held that, the Plaintiff/Appellant as vendor of immovable property in a situation where the Contract of Sale was not completed and the title has not passed to the Purchaser, has legal capacity to maintain the action in respect of the subject matter.

c. The Learned trial Judge misdirected himself in law when he relied heavily on the oral evidence of the Plaintiff/Appellant given through cross examination to the virtual exclusion of the effect of the written contract of sale [“Exhibit 1”] which the Defendant/Respondent had tendered in their bid to confirm the oral evidence of the Plaintiff/Appellant.

d. The Learned Circuit Judge misdirected himself on the legal effect of a Contract of Sale of immovable property, where the sale is not complete and the property has not been conveyed, thereby occasioning a miscarriage of justice.

e. The learned Circuit Judge misdirected himself on the point of law when he failed to appreciate and/or understand that, a vendor of an immovable property under a contract of sale continues to have legal authority in respect of the subject and therefore has capacity to maintain an action in respect of same to the extent that, the contract of sale completed and the subject matter has not been conveyed to the purchaser.

f. The decision or finding of the learned Circuit Judge that, the

Plaintiff/Appellant has sold all her interest in the property and therefore has no legal capacity to maintain the action was inconsistent with, and

contrary to the import of the Contract of Sale executed by the Plaintiff/Appellant and tendered by the Defendant/Respondent.

g. Additional grounds may be filed upon receipt of a certified copy of the ruling.

For the purposes of this appeal, the parties herein shall retain their respective d