February 15, 2006
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court of Ghana appeal arises from a 7 June 2001 Court of Appeal judgment concerning a property transaction over Plot No. 30, Block "K", Kaase, Kumasi. The purchaser sued in the High Court, Kumasi in 1993 for declarations and specific performance predicated on a 6 July 1987 deed of assignment. The seller denied any written agreement and relied on an earlier oral agreement stipulating full payment within three months to counter inflation. The High Court found the assignment unsigned and fraudulent yet granted specific performance, holding that time was not of the essence, and ordered an assignment be prepared. The Court of Appeal unanimously reversed and granted the sellers reliefs. Writing for the Supreme Court, Aninakwa J.S.C. agreed with the Court of Appeal, holding that no enforceable contract existed, equity barred specific performance for unclean hands, and time was of the essence. The appeal and the costs challenge were dismissed.
ANINAKWA, J.S.C:
This is an appeal from the judgment of the Court of Appeal dated 7th June, 2001.
On 4th October, 1993 the Plaintiff/Respondent/Appellant, whom we will hereafter refer to as "the plaintiff" filed this action at the High Court, Kumasi claiming against the Defendant! Appellant/Respondent (hereafter referred to as the Defendant) the following reliefs: 1
"1. A Declaration that by a contract in writing dated and executed by the defendant and the Plaintiff in the presence of a common witness on 6th July, 1987, all the rights powers privileges and interests of the defendant in property plot No. 30 Block "K" Kaasi, Kumasi became vested in the plaintiff.
2. A declaration that it is wrongful for the defendant to fail refuse or neglect to perfect the plaintiff's title to the said property, plot No. 30, Block "K" Kaasi, Kumasi despite repeated demands by the plaintiff on the defendant so to do.
3. General damages for financial loss and inconvenience suffered by the plaintiff as a result of the defendant's said wrongful failure, refusal or neglect to perfect the plaintiff's title to the said property plot No. 30 Block "K" Kaasi, Kumasi.
4. An order of specific performance compelling the defendant to do all things necessary for the perfection of the plaintiff's title to the said property Plot No. 30 Block "K" Kaasi, Kumasi.
5. Any other order or reliefs, as this Honorable Court would seem fit to make or give in the interest of equity and justice in this suit”.
The Defendant, by her statement of Defence denied the existence of the written agreement.
By paragraphs 3 and 4 of the Statement of Defence she set up on oral agreement made in 1986, and went on to claim by way of Counter-claim thus:
"( a) A declaration that the contract between the plaintiff and defendant for the sale of the premises H/No. 30 Block "K" Kaasi, Kumasi has lapsed or fallen through by reason of the failure on the part of the plaintiff to fulfill his part of the agreement.
(b) A declaration that the alleged deed of assignment executed by the plaintiff and defendant and dated the 6th day of July, 1987 was procured in fraud and same is null and void.
An order for the recovery of possession of portions or part of the said
premises House Number K 30, Kaase Kumasi." The plaintiff in his reply denied the existence of an oral agreement as alleged by the defendant.
The trial Court after a full trial made the following findings of fact:
(i) The deed of assignment on which