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KWAKU BONSU v. AMA AGYEMANG

2012

SUPREME COURT

CORAM

  • AKUFFO (MS) JSC (PRESIDING)
  • DATE-BAH JSC
  • ANSAH JSC
  • DOTSE JSC
  • AKOTO-BAMFO (MRS) JSC

Areas of Law

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

AI Generated Summary

Richard Bonsu sued Ama Agyemang seeking specific performance of an agreement concluded around 3 October 2007 for a parcel of land at Achimota near the Accra Motorway Extension. After the Lands Commission issued an offer letter, Agyemang requested and received an additional US$2,000 beyond the earlier US$4,000 and GH¢200 payments. The High Court (Novisi Aryene J.) found a valid written contract evidenced by a receipt and ordered specific performance. The Court of Appeal affirmed the factual findings but set aside specific performance, awarding damages on the view that damages could adequately compensate. On appeal, Dr. S. K. Date‑Bah JSC, writing for the Supreme Court, reaffirmed the settled presumption that damages are inadequate in land sale contracts because land is unique, rejected the Court of Appeal’s case-by-case uniqueness inquiry and adequacy-of-damages approach, and restored the High Court’s decree of specific performance and its finding that the additional US$2,000 was paid. J. V. M. Dotse JSC concurred, emphasizing appellate restraint in disturbing trial findings.