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THERESA HALIGAH v. DUKE BANSON

2018

COURT OF APPEAL

GHANA

CORAM

  • V. D. OFOE, J.A. (PRESIDING)
  • K. A. ACQUAYE, J.A.
  • M. AGYEMANG (MRS.), J.A.

Areas of Law

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

AI Generated Summary

The Ghana Court of Appeal, per K. A. Acquaye, J.A., dismissed an appeal by a hotelier who claimed she had purchased House No. 15, Westland Boulevard, West Legon, from Bernard, and sought specific performance and injunctions. The High Court found she had not proved an enforceable contract of sale and that a landlord‑tenant relationship existed, relying on a receipt (Exhibit A) for US$10,000 stated as rent and a written tenancy agreement (Exhibit 4). On appeal, the court reiterated Section 2 of the Conveyancing Act’s writing requirement for transfers of interests in land, noted the sale offer had been revoked, and held that US$10,000—only one‑fifth of the claimed price—did not amount to substantial part performance. The forensic expert supported the authenticity of Exhibit 4. The court affirmed statutory tenancy after the fixed term expired, upheld and extended mesne profits at ¢3,333,000 per month until vacation, ordered immediate recovery of possession, and awarded costs of Gh¢15,000. Presiding Justice V. D. Ofoe and Justice M. Agyemang concurred.

JUDGMENT