DONKOR vs. ALHASSAN

JUDGMENT OF AMPIAH J.A. Ampaih J.A. delivered the first judgment at the invitation of Abban J.S.C. This is an appeal from the decision of the High Court, Bolgatanga. The plaintiff in that action issued out a writ of summons claiming from the defendant, specific performance of an agreement made between himself and the defendant on 22 July 1984 for the sale of the defendant’s house numbered E37, Bolgatanga to him. He also claimed recovery of possession of the said house. On 5 February 1985, the learned trial judge gave judgment for the plaintiff decreeing specific performance of the said agreement and ordering recovery of possession of the house in favour of the plaintiff. Being aggrieved by the said judgment, the defendant (hereinafter referred to as the appellant) has appealed against it to this court. The grounds upon which the appellant has attacked the judgment are that: “1. The judgment is against the weight of evidence. The learned trial judge erred in holding...