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
- Property and Real Estate Law
- Contract Law
- Evidence Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal involves a dispute over the sale and purchase of a house, with the plaintiff seeking specific performance of an alleged sale agreement. The High Court ruled against the plaintiff, determining there was no enforceable contract, and the payment made was for rent. The appellate court reviewed the case, considering documentary evidence and legal principles, and upheld the High Court's decision, dismissing the plaintiff's appeal and granting the defendant's counterclaims.
K . A. ACQUAYE, J. A.
This is an appeal against the judgment of a High Court, in Accra which dismissed the plaintiff/appellant’s claims for among others, specific performance of an agreement for the sale and purchase of a house in Accra.
The plaintiff issued a writ against the defendant claiming: -
1. A declaration that the defendant is estopped from acting differently from his representations and offer to sell a house which was accepted by the plaintiff and duly relied upon
2. A declaration that the purported tenancy agreement is null and void as same is a forgery.
3. Specific performance of the terms of the agreement entered into between the plaintiff and the defendant for the sale and purchase of House Number 15 Westland Boulevard, West Legon, Accra the subject matter of this suit.
4. Perpetual injunction restraining the defendant, his agents, assigns, successors and agents from harassing and or interfering with the plaintiff’s rights to occupation, possession, enjoyment and use of her property.
The plaintiff’s case was that she is a hotelier who rented the disputed house in August 1999 from Mrs. Esther Caroline Augustus for ¢350, 000 per month.
Later a daughter of the landlord introduced the defendant to her as having bought the house.
When her tenancy with Mrs. Esther Caroline Augustus ran out she wrote to the defendant that she would rent the premises from the defendant for ¢500, 000.
She tendered the letter dated 11th October 2001 as Exhibit E. Subsequently she agreed to purchase the house from the defendant for US$60, 000 which was later reduced to US$50, 000.
According to the plaintiff they agreed that the purchase price will be paid in installments as a result of which she paid $10, 000 to the defendant.
Due to a friendship which had developed between them they agreed that the $10, 000 paid for the purchase of the house will be described as rent and they prepared a receipt which she tendered as Exhibit A. The plaintiff testified that after reading the receipt his witness Joe Aboagye Debrah, a Lawyer asked why the receipt did not express the intended sale and he was assured that documents for the sale of the house will be prepared after the full purchase price had been paid.
The plaintiff continued that after the part payment of the $10, 000 in June 2002 she did not pay any rent to the defendant because after paying part of the purchase price she became the owner of the house.
According to the plaintiff the defendant sued her at