[2011]DLCA7929 • June 16, 2011 • Court of Appeal
KWAKU BONSU (PLAINTIFF/ RESPONDENT) vs. AMA AGYEMAN (DEFENDANT/ APPELLANT)
The plaintiff alleged that the defendant offered for sale a 0.6-acre land in Achimota for one billion old cedis, with a written agreement and part payment made by the plaintiff. The defendant later sought to withdraw, intending to sell to a third party. The defendant contended that the sale was conditional on family consent, which was not obtained, and that she returned the money to the plaintiff, who refused to accept it. The plaintiff sued for specific performance and injunction to restrain sale to third parties.
read moreOFOE, J.A: The parties will continue in this appeal to be plaintiff and defendant as they were in the trial court. The plaintiff’s case in the trial court, tersely put, was that the defendant offered her 0.6 acre land in the Achimota part of the Motorway Extension for sale to him at a price of 1billion old Cedis. According to the plaintiff the transaction started from September and he had to sue in November. There was a written agreement to that effect. He accepted the offer and made a total part payment of 6000dollars and 2million cedis. Within weeks the defendant sought to withdraw from the transaction intending to sell the property to a third party. This compelled him to seek from the High Court: “a. An order of specific performance of the agreement reached between Plaintiff and the Defendant on or around the 3rd of October, 2007 in respect of land lying and situate at Achimota part of the Motorway Extension and more properly described as land bounded on the North-west...