[1976]DLCA402 • June 4, 1976 • Court of Appeal
LARTEY vs. BANNERMAN
The plaintiff, an infant, sought specific performance of a contract for the sale of a leasehold estate house from the defendant, who was the lessee and in financial difficulties. The contract was negotiated and concluded by the plaintiff's father, Blankson Lartey, who intended to buy the property for his daughter. The defendant agreed to sell but later refused to vacate the premises or sign the deed of assignment after financial pressures were relieved. The plaintiff claimed specific performance and damages for breach of contract.
read moreJUDGMENT OF AMISSAH J.A. The plaintiff in this case is an infant. She brought an action against the defendant for a decree of specific performance of an agreement whereby the defendant was to sell his estate house. She also asked for an injunction to restrain the defendant from occupying the premises during the pendency of the suit and claimed damages for the breach of the sale agreement. The actual contract was negotiated and concluded by the plaintiff’s father, one Blankson Lartey, who at all times let it be known that he was buying the house for his daughter. All the documents were therefore made in the name of the plaintiff. No exception was taken in the pleadings or otherwise up to the stage of trial to Blankson Lartey conducting the action on behalf of the daughter until he gave evidence when out of his own mouth fell the words that the daughter for whom he was buying the house was under age. Blankson Lartey was then cross-examined about his authority to commence and.....