BRIGHT-DAVIS vs. SAGOE

This is an appeal from the decision of the High Court, Accra presided over by Osei-Hwere J. (as he then was). The facts of the case are that the ex-husband of the plaintiff-respondent (hereinafter referred to as the respondent) built a house on a piece of land over which litigation arose between him and the defendant-appellant (hereinafter referred to as the appellant), A. L. Bright-Davis, regarding its ownership. While the litigation was going on, the respondent’s ex-husband made a gift of the house on the land in dispute to the respondent. The appellant won the case. The respondent in the meantime had moved into the house and started negotiating with the appellant to sell her the land. She also agreed to pay off the costs awarded the appellant by the court which the respondent’s husband appeared to have been unable to pay. All these negotiations were conducted through the solicitors of the parties and it would appear the two parties never met face to face. After some negotiation...