[1987]DLSC711 • June 15, 1987 • Supreme Court •
ATTA AND ANOTHER vs. ADU
The appellants, tenants of the respondent, entered into an oral agreement to purchase the respondent's house at Chorkor, Accra, for ¢80,000 as a lump sum payment. Due to payment difficulties, a compromise agreement (Exhibit A) was executed allowing payment by instalments, with a final payment deadline of June 1980. The appellants repeatedly defaulted on payment schedules, causing financial difficulties for the respondent, who eventually refused to proceed with the sale and invited the appellants to collect their money back. The appellants sought specific performance of the contract.
read moreJUDGMENT OF FRANCOIS J.S.C. Francois J.S.C. delivered the first judgment at the invitation of Adade J.S.C. The appellants seek a reinstatement of the decision of the High Court (Anterkyi J.) which was reversed by the Court of Appeal, in an action against the respondent for specific performance of a contract for the sale of her house at Chorkor, Accra. The appellants have been at great pains to demonstrate their entitlement to equitable relief, by urging the fulfillment of the their contractual obligation to pay the purchase price of ¢80,000 while the respondent is portrayed as exhibiting unconscionable behaviour in retaining the purchase money and reneging on the agreement. The facts, however, on examination bear a complexion not entirely favourable to the appellants. The appellants were tenants of the respondent in respect of premises contiguous to the house in dispute. They sought and obtained a first refusal to buy the house. The initial oral agreement envisaged ....