[2008]DLSC2454 • January 30, 2008 • Supreme Court •
DR. SMUEL PENNY SMSITH, MADAM AKUA ESSUMANBA vs. MADAM ELIZABETH BLANKSON
The plaintiffs, Dr. Smuel Penny Smith (represented by his lawful attorney Sarah Chinebuah) and Madam Akua Essumanba, sought to purchase a property at Lartebiokorshie, Accra, from the defendant, Madam Elizabeth Blankson. Negotiations led to an alleged agreement on a purchase price of ¢19,000,000.00 (now GH¢1,900.00), with payments made in installments from 1991 to 1993 totaling the agreed amount. Prior to payments, the defendant allowed other children of the 2nd plaintiff to occupy part of the property. In 1994, the 2nd plaintiff moved into the uncompleted house without the defendant's consent, leading to friction and the institution of legal action by the plaintiffs.
read moreAKUFFO, (MS), J.S.C.: The Appellants herein (hereinafter referred to as the Plaintiffs), by their writ of summons issued on 9th September 1994, commenced legal action against one Elizabeth Blankson (hereinafter referred to as ‘the Defendant) claiming a number of reliefs which may be summed up as follows:- 1. Declaration of title to certain premises at Lartebiokorshie, Accra, consisting of one uncompleted story building and one completed boys’ quarters (hereinafter referred to as ‘the property’). 2. A declaration that the agreed purchase price for the premises was ¢19,000,000.00 (now GH¢1,900.00) and that full payment thereof has been paid by various instalment payments. 3. A decree of specific performance of the contract of sale already executed or partly performed and an order to the Defendant or the Registrar of the High Court to execute the requisite documents duly conveying the property to the 2nd Plaintiff 4. Payment of accumulated rents and mesne profits by the Def...