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HEINZ FREISEIS & ANOR v. ERIKA MAURER BREMPONG

May 28, 2009

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP MR. JUSTICE S. H. OCRAN

Areas of Law

  • Contract Law
  • Property and Real Estate Law
  • Evidence Law
  • Equity and Trusts

AI Generated Summary

This High Court decision by Mr. Justice S. H. Ocran addresses a land sale dispute between the Plaintiffs and the Defendant involving a plot the 1st Plaintiff had rented and on which he built a house. The parties agreed on a price of GH¢20,000 for land described by the Defendant as two plots, and Plaintiffs paid GH¢4,800 but later sought a reduced price upon believing the land measured one and a half plots. The court held that both parties knew the property and that the phrase “two plots” did not warrant a reduction absent dimensions. Although the agreement was not reduced to writing per the Conveyancing Decree, Plaintiffs’ part performance estopped them from resiling. Plaintiffs also failed to prove an alleged GH¢4,500 deposit at ADB; the cheques were for construction. The court dismissed Plaintiffs’ claims, awarded Defendant commercial bank rate interest on unpaid balances, ordered payment of GH¢5,000, and granted costs of GH¢1,500.

JUDGMENT