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KWARTENG v. ADDOW

1990

COURT OF APPEAL

GHANA

CORAM

  • AMPIAH
  • ESSIEM
  • OFORI-BOATENG JJ.A

Areas of Law

  • Property and Real Estate Law
  • Equity and Trusts

AI Generated Summary

The case concerns competing claims to House No. B 848/15 in Mataheko/West Abossey Okai, Accra. Moro Farouk Braimah initially offered the property to Augustus Sono Addo, who sued for specific performance when Braimah did not convey. While that suit was pending, Braimah sold to another buyer (the plaintiff), acting through her husband, and directed payment to his Accra solicitor. Correspondence between A.K. Bannerman‑Williams and Onimpa Akuoko & Co. recorded Addo’s agreement to accept ¢4,267 in full settlement. The plaintiff paid ¢4,267, later paid more to total ¢7,000, took possession, and extensively renovated and rebuilt, then obtained a conveyance from the Sempe stool after the Lands Department advised that Sempe was adjudged landowner. Addo subsequently executed on his judgment against Braimah by ejecting the plaintiff’s tenant and taking possession. Essiem J.A., relying on estoppel and the plaintiff’s bona fide purchaser status, affirmed the trial court’s judgment for the plaintiff; Ampiah J.A. and Ofori‑Boateng J.A. concurred; the appeal was dismissed.

JUDGMENT