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ISAAC DARKWAHENE BOATENG v. KWASI STEPHEN QUARSHIE & ANOTHER

2021

COURT OF APPEAL

GHANA

CORAM

  • KWOFIE JA (PRESIDING)
  • A. A. GAISIE JA
  • ADJEI FRIMPONG, JA

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Contract Law

AI Generated Summary

The Court of Appeal, per Amma A. Gaisie JA, reviewed an appeal by Isaac Darkwahene Boateng from a High Court ruling that joined Enoch Francis Annan Tetteh, head and lawful representative of the Okpong-We family, to Boateng’s specific performance action against the Defendant concerning land at Djornman, East Legon, Accra. Boateng’s 2016 agreement priced the property at US$120,000 with a US$10,000 part payment, and the balance due if he prevailed against the Defendant’s grantor, Clifford Ayeh Darko, in title litigation. After Justice S. H. Ocran declared title in Boateng in April 2017, the Okpong-We family sought joinder, alleging their allodial ownership and fraud in Boateng’s grantor’s lease, and relying on a 2011 judgment. Applying Order 4 r 5(2), the Court held the co-defendant’s presence necessary to resolve triable issues and avoid multiplicity of suits, dismissed the appeal, remitted the case for trial, and awarded costs against Boateng.

JUDGMENT