ADU vs. ATTA AND ANOTHER

JUDGMENT OF EDUSEI J.A. He delivered the judgment of the court. This is an appeal against the judgment of Anterkyi J. sitting in the High Court, Accra and dated 4 November 1983. The plaintiff-respondents (hereinafter referred to simply as the plaintiffs) sued out a writ against the defendant-appellant (who will hereafter be referred to as the defendant), claiming specific performance of a contract of sale of a parcel of land with a dwelling-house on it and situate at Chorkor, a suburb of Accra. It is numbered house No. 384/5. The other relief sought by the plaintiffs was that the defendant be compelled to execute a deed of conveyance of the said property in their favour. The defendant put up a defence that the plaintiffs did not perform their part of the contract by the failure to pay the agreed purchase-price within the stipulated time and this therefore disabled them from claiming the equitable remedy of specific performance. In a sense the defendant’s contention was tha.....