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HEINZ FREISEIS DORIS YAWA AGBAKU FREISEIS v. ERIKA MAURER BREMPONG

May 28, 2009

HIGH COURT OF JUSTICE

GHANA

CORAM

  • MR. JUSTICE S. H. OCRAN

Areas of Law

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

AI Generated Summary

In the Ghana High Court, Justice S. H. Ocran adjudicated a land sale dispute involving the first and second plaintiffs and the defendant over a parcel the first plaintiff had rented, occupied, and built upon. The defendant described the parcel as “two plots,” and the parties agreed on a GH¢20,000 price, with plaintiffs paying GH¢4,800. After later measuring, plaintiffs claimed the land was only 1.5 plots, sought a price reduction, and asserted a GH¢4,500 payment into the defendant’s ADB Nungua account. The court found the agreed price was GH¢20,000, plaintiffs had accepted the land and its description through part performance, and equity and estoppel barred them from resiling or reducing the price despite absence of a written conveyance. Relying on Koglex and Barkers-Woode, the court held plaintiffs failed to prove the GH¢4,500 deposit and condemned their late presentation of cheques as bad faith, dismissed their claims, and awarded the defendant the outstanding balance plus commercial interest and costs.

JUDGEMENT