[1961]DLSC10232February 21, 1961Supreme Court

FRANS vs. GRANT

This is an appeal from the judgment of the Land Court, Sekondi, (Smith, J.) in exercise of its appellate jurisdiction in a case instituted before the Sekondi-Takoradi Municipal Court, wherein the plaintiff (the appellant herein) claimed possession of a house, on the ground that the defendant had committed a breach of an agreement made between the plaintiff and the defendant, whereby the defendant who had bought the plaintiff's house at a public auction for £G100, agreed to transfer the same to the plaintiff at the end of the year upon payment by the plaintiff to the defendant of the sum of £G150; but if the plaintiff failed to pay the said amount, the defendant should enter into possession by virtue of the purchase. At the end of the year, the plaintiff failed to pay the sum of £G150 as required by the agreement and the defendant exercised his rights and caused the plaintiff to be ejected by order of the sheriff. This took place in about 1940. Since then, the plaintiff has ende...