DONKOR v. WIH AND ANOTHER

In 1974, Kwaku Wih acquired House No. D40, West Patasi Estate, Kumasi from the State Housing Corporation on hire-purchase. In 1975, he executed a written agreement with the plaintiff, acknowledging receipt of ¢2,258 and purporting to assign his interest, with terms for immediate possession, the purchaser’s obligation to pay instalments, and a future formal assignment upon SHC consent. While that contract subsisted, in 1976 Wih purported to sell the same house to Asonaba Dapaah for ¢10,500, who paid arrears and instructed solicitor Philip Aboagye Bonner to process consent from the Lands Commission. The trial court found the ¢2,258 was a loan under a collateral oral agreement postponing the writing’s operation, disbelieved the plaintiff’s possession and payments, and preferred Dapaah’s bona fide purchaser claim. On appeal, Osei‑Hwere J.A., delivering the judgment of the Court of Appeal, upheld admission of parol evidence to show suspended operation, noted promissory estoppel could be considered, held specific performance was unavailable given third‑party consent and outstanding obligations, and affirmed dismissal.