[2011]DLSC6165 • December 30, 2011 • Supreme Court •
ERIC ANSONG vs. MR. ALBERT GORMAN AND MRS. GORMAN
The appellants, a married couple and joint owners of a house, entered into negotiations with the respondent for the sale of their house. A written receipt signed by the first appellant, purportedly on behalf of both, acknowledged part payment by the respondent. After the respondent paid the final instalment, the appellants rescinded the sale and returned the money, leading to the respondent's suit for specific performance, possession, damages, and costs. The High Court and Court of Appeal ruled in favor of the respondent, prompting this appeal.
read moreANSAH JSC; This is an appeal against the decision of the Court of Appeal affirming the judgment of the trial High Court. The appellants rely on the following grounds of appeal, namely, 1. “The Court of Appeal erred in affirming the judgment of the trial court because the pleaded contract of sale is inchoate, invalid and unenforceable since the subject matter properly is jointly owned, but the pleaded contract of sale is between respondent on the one hand and 1st Appellant on the other hand only. 2. The Court of Appeal erred in affirming the judgment of the trial court and dismissing appeal because even if the pleaded contract of sale of the subject-matter property were between respondent and 1st and 2nd Appellants jointly since the parties decided no longer to sell the house rescinded whatever agreement and returned the purported part payment there was no longer a subsisting agreement on which an order of specific performance could be based and there was no circumstances as w.....