FRANCIS APPIAH-MENSAH v. GIFTY ANANE-WIREKO

KOOMSON JSC:-

The appellant in this appeal, Francis Appiah Mensah (hereafter called the Plaintiff) brought an action at the High Court, Tema, against the Respondent herein, Gifty Anane-Wireko (hereafter called the Defendant) for the following reliefs:

1.An order directed at the Defendant to receive the remainder of the sale price to complete the purchase of the house.

2.An order directed at the Defendant to sign off all interest in the House Numbered B13, Jogis Estate, Community 3, Tema to the Plaintiff.

3.Perpetual Injunction against the Defendant, her assigns and privies and/or any interruptions or dealings in the subject matter.

4.Damages for breach of contract.

5.Cost.

In his statement of claim, the Plaintiff pleaded that sometime in 2011, the Defendant agreed to sell her house No. B13, Jogis Estate, Community 3, Tema to him. According to the Plaintiff, the parties agreed on Twenty- Six Thousand United States Dollars (USD 26,000.00) and same was to be paid on installment basis. It is the case of the Plaintiff that he proceeded to pay an amount of Fourteen Thousand, One Hundred and Fifty United States Dollars (USD14,150.00) to the Defendant which was acknowledged and receipted accordingly. It is further the case of the Plaintiff that, the Defendant stated on the receipt that, much in consonance with the agreement between the parties, that the remainder of the money would be paid when the parties agreed to a suitable timeline. It is the contention of the Plaintiff that the parties could not come to an agreeable timeline and efforts made by him to reach the Defendant so as to pay the remainder of the money to her became difficult. The Plaintiff stated that the number that he could reach the Defendant in the United States of America became inactive. Further, the Plaintiff said the Defendant did not have any postal address for him to reach her. Thus even though the money was in his possession, he was unable to pay same to the Defendant.

It was part of the Plaintiff’s case that, the Defendant finally came and he tried to pay the balance outstanding, but the Defendant refused to accept the money claiming that the sale price is too small.

The Defendant controverted every pleading of the Plaintiff to the extent that she even denied the fact that she is resident in the United State of America: see paragraph 2 of the statement of defence in which the Plaintiff denied paragraphs 2 to 12 of the statement of claim. The case of the Defendant is that she is a