JOSEPH vs. BOAKYE

JUDGMENT OF APALOO J.A. The appellant was the owner of a leasehold plot of land situated at Christiansborg, Accra. Two buildings numbered as F.806/1 and F.807/1 were erected on that plot. The respondent is a businessman resident in Accra. He described himself as “manufacturer of mattresses and foams.” It would seem that the appellant was desirous of selling the land and buildings and offered them to the respondent. The latter was interested. He agreed to buy. Accordingly, on 29 September 1972, both entered into a contract by which the appellant offered to sell and the respondent agreed to purchase the land and the buildings for the sum of ¢60,000.00 on certain terms and conditions. The agreement, which was in writing, was drawn up by lawyer I. K. Boakye who was then acting for both parties. The contract reserved to either party his common law remedies in the event of breach by one party (clause 5). Time was said to be of the essence of the contract and the purchase was ...