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
1990
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around a property dispute where the plaintiff purchased and renovated a property from Moro Braimah after the defendant had previously sought specific performance for the property. The defendant obtained a judgment against Braimah and subsequently took over the property, leading the plaintiff to seek legal relief. The trial court ruled in favor of the plaintiff, citing the defendant's acquiescence and the plaintiff's status as a bona fide purchaser. The Court of Appeal affirmed this judgment, and the defendant's appeal was dismissed.
JUDGMENT OF ESSIEM J.A.
This litigation involves the ownership of a house No. B 848/15, Mataheko or West Abossey Okai, Accra. The property originally belonged to one Moro Braimah. He apparently offered it for sale to the defendant herein; however the evidence shows that he refused to execute the necessary conveyance in favour of the defendant who therefore instituted an action for specific performance.
While that action was pending, Moro Braimah offered the property for sale to the plaintiff. The negotiations for the purchase were done on behalf of the plaintiff by her husband. Moro Braimah disclosed to him that he owed the defendant an amount of ¢3,000 “on the building.” Moro Braimah was in Tamale during the negotiations. He directed [p.276] the plaintiff through her husband to pay this amount to his (Braimah’s) solicitor in Accra. The evidence suggests that Braimah and the defendant had come to an agreement that if the sum of ¢3,000 was paid to him, he, the defendant, would relinquish his interest in the property and discontinue the action in court.
The plaintiff contacted Braimah’s solicitor as directed, in Accra. The solicitor asked the plaintiff to pay an amount of ¢4,267 and then "go and take the property." The plaintiff duly paid this to the solicitor and obtained the necessary receipt.
The evidence shows clearly that there was correspondence between Braimah's solicitor and the defendant's solicitor. Concerning the settlement, exhibit E, a letter which the defendant's solicitor wrote to Braimah's solicitor is reproduced hereunder:
"ONIMPA AKUOKO & Co
Barristers & Solicitors
D. 747/4 Kimberley Avenue
P. O. Box 197
Accra, Ghana.
30 December 1970
Our Ref. ST/JKN
Your Ref.:
A. K. Bannerman-Williams, Esq.
Sackodar Chamber
P. O. Box 3411
Accra.
Dear Sir,
A. S. ADDO v. MORO F. BRAIMAH
Thank you for your letter of the first instant relating to the above suit and write to confirm that our client is ready to accept N¢4,267 as full and final settlement of this action.
We hope that you will consult your client and let us know when we should expect your client's cheque in payment thereof.
Yours faithfully,
(Sgd) Onimpa Akuoko & Co”
[p.277]
This was in reply to Braimah's solicitors letter of 1 December 1970, exhibit 3. Again I reproduce the letter:
"A. K. BANNERMAN-WILLIAMS B.A. (Lond), LL Dip
Barrister-at-Law
Solicitor of the Supreme Court of Ghana
Your Ref … SACKODAR CHAMBERS
My Ref MISC/70/ D612/1, Asafoatse Nettey Road
(Near