JUDGMENT OF SARKODEE J.
The plaintiff by her writ of summons claims against the defendant:
"(a) An order for specific performance of an agreement to sell the defendant's premises No. 336 West Korle Gonno Estate to plaintiff.
(b) An injunction to restrain defendant from occupying the said premises during the pendency of the suit; and
(c) Damages for the breach of the said agreement."
The defendant was the lessee of house No. 336 West Korle Gonno Estate, Accra. The defendant could not pay the instalments on the lease. He owed the Housing Corporation three-and-a-half years rent and he could not pay city council rates and his electricity bills.
The offer for the sale of the leasehold property was contained in exhibit A, which is in the defendant's own handwriting. The last two paragraphs read as follows:
"I will agree to accept now the difference in cash after deducting the present arrears-all sources-due and amounting to the figure hereunder viz:
Arrears of high purchase instalments £G197 2s.
city council rates 24 10s.
Water Corporation dues (App.) 40
Electricity re-connection 17
£G279 10s
leaving a cash balance of £G571 to be made available and for payable to me as the outright purchase price and transfer of the property, rather than mortgage same for the proposed loan over a period of years as suggested.
Should you and your connections agree to the terms herein stated now as honourable, I will also concur, and, would request a two months' grace from 1st September, to 31st October to enable me to vacate the premises for a new abode."
The letter was addressed to the plaintiff's father. Subsequently, the plaintiff paid the three-and-a-half years arrears of rent due to the Housing Corporation. In addition the plaintiff paid to the defendant in cash the sum of ¢400.00 being a refund of rent paid by the defendant to the Housing Corporation; she paid the electricity bill and the arrears of water rates. On 14 August 1971, the defendant signed a declaration, exhibit B. Attached to this is a receipt for ¢750.00 which the defendant had received from Patience Larley Lartey, "being payment in respect of transferring Bungalow No. 336, situate and lying at West Korle Gonno Estate-Mamprobi, a suburb of Accra." A copy of exhibit B was attached to an application for interim injunction filed by the plaintiff and marked exhibit C. The last paragraph of the receipt showed that a [p.441] balance of ¢650 remained to be paid: "On the 31st October, 1971, when the k
