[1987]DLCA810November 26, 1987Court of Appeal

TAGOE vs. IDUN

JUDGMENT OF WUAKU J.A. In about January 1971 the plaintiff who is the respondent before this court bargained with the late Emmanuel Okai Tagoe to purchase from the said E. O. Tagoe his house No. B. 598, Nii Okai Koi Street, Kaneshie, Accra. The purchase price in those days was for ¢3,000. There was a dispute whether or not the ¢3,000 was to be paid in a lump sum. There is however evidence that on 15 February 1971 and 20 May 1971, the amounts of ¢400 and ¢1,100 were respectively paid to the late E. O. Tagoe who accepted them and gave receipts covering the said payments: see exhibits A and B. The plaintiff said that she attempted making a further payment of ¢1,000 but found the late E. O. Tagoe too ill at the time to receive the payment, and not long thereafter he died on 18 September 1971. On hearing of the death, the plaintiff went to see one Mr. Hammond whom she described as a relation of the deceased. As a result of what Mr. Hammond had told her, the plaintiff accompa...