MAMAVI vs. WEST AFRICAN BUILDING LTD.

JUDGMENT OF APALOO J.SC. In this action the plaintiff claims from the defendant company the sum of £G2,400 which he admittedly paid to the company for the purchase of a house described as No. 4 Main Street, Tesano. The plaintiff seeks to recover the purchase price on the ground that the defendant company (which I shall hereafter refer to as the company) refused to complete the sale by the execution of a conveyance or assignment in his favour. The substance of the company’s reply is that on the express instructions of the plaintiff, the receipt for the purchase price was made out in favour of one Miss Evelyn Amarteifio who was subsequently joined to this suit as a third party and that the plaintiff further instructed that the assignment be executed in the name of the third party. The company also say that before the assignment could be completed, the plaintiff countermanded his instructions and both the plaintiff and the third party set up rival claims to the house. Accordingly, ...