[1987]DLHC684 • May 8, 1987 • High Court
TAHIRU vs. MIREKU AND ANOTHER
In April 1983, the defendant agreed to sell his house at Nima, Accra to the plaintiff for ¢250,000. The plaintiff paid ¢125,000 in installments but delayed payment of the balance. The defendant later refused to accept the balance, claiming he had resold the house to the codefendant. The plaintiff sued for specific performance and damages. The defendant counterclaimed for ejectment and damages. The codefendant claimed to be a bona fide purchaser without notice.
read moreJUDGMENT OF AMPIAH J.A Some time in April 1983 the parties agreed to the sale of the defendant’s house No. E 81/15 at Nima, Accra to the plaintiff for ¢250,000. In pursuance of this agreement, the plaintiff paid to the defendant a total of ¢125,000. Later the plaintiff went to pay the balance of ¢125,000 to the defendant but the latter refused on the ground that the plaintiff had delayed in paying up the purchase price and that he had subsequently resold the house to another person, namely the co-defendant. The plaintiff being dissatisfied with the defendant’s conduct took this action against the defendant claiming specific performance of the contract to sell the house to him and also damages for the breach. The defendant denied the plaintiff’s claim and counterclaimed for ejectment and general damages. On 12 March 1986 the co-defendant was joined in the action so that all the issues in controversy may be effectually and completely determined. The co-defendant denied any kn...