[1976]DLHC379 • May 28, 1976 • High Court
DJAN vs. OWOO AND ANOTHER
The plaintiff entered into an agreement on 10 January 1975 with the first defendant for the purchase of a house known as No. 2, West Loop, Tesano, Accra, for ¢25,000. The plaintiff made part payments evidenced by two receipts dated 10 and 27 January 1975. The first defendant had mortgaged the property to the second defendants. The plaintiff paid the outstanding mortgage balance to the second defendants and the remainder to the first defendant, but the first defendant later instructed the return of the cheques, refusing to convey the property.
read moreJUDGMENT OF EDUSEI J. The plaintiff in this case is seeking an order for specific performance against the first defendant as a result of an agreement made on 10 January 1975 for the sale by the first defendant to the plaintiff of a house known as house No. 2, West Loop, Tesano, Accra. There are other reliefs which are not relevant for the purposes of the present application filed by the plaintiff on 25 February 1976, under Order 25, rr. 2—4 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). It is the view of the plaintiff that the determination of the two matters raised in the application will dispose of the case in his favour. The two matters raised are, namely: (a) whether the two receipts exhibited are sufficient memoranda to decree specific performance of the land in dispute, and (b) whether specific performance can be decreed on the ground of part-performance. The two receipts are dated 10 January 1975 and 27 January 1975 for the amounts of ¢2,000.0...