DARKWA vs. KWABENA

JUDGMENT OF SIRIBOE J.S.C. This is an appeal from the judgment of the High Court, Sunyani, given in favour of the plaintiff-respondent (hereafter referred to as the plaintiff) on 14 December 1962 by Bruce-Lyle J. (as he then was). By his amended writ and statement of claim, the plaintiff’s claim against the defendant “is for specific performance to convey to the plaintiff two cocoa farms known as (a) Monkumu on Mansing stool land and (b) Abrokyire on Bechem stool land, boundaries whereof are set out in the particulars of claim.” In the alternative, the plaintiff claimed “ the return of his money totalling £G650 (six hundred and fifty pounds) and also £G2,000 for breach of contract.” The statement of claim alleged that some time in 1953, the defendant approached the plaintiff and offered to sell to him the two cocoa farms referred to above, for the sum of £G450, which offer was accepted. The plaintiff paid the purchase price to the defendant in the presence of certa...