N.D.K. FINANCIAL SERVICES vs. JOSEPH ADE COKER

MARIAMA OWUSU, J.A.: On 26th Da y of September, 2014, the High Court, (Fast Track Division) Accra, dismissed the plaintiff’s claim for specific performance of the Sales Agreement between the parties as not proved. The Court however ordered the defendant to refund the US10, 000 paid by the plaintiff by way of doing justice although not asked for. Dissatisfied with the decision of the trial court, the plaintiff filed the instant appeal at the Court of Appeal complaining about the whole judgment. The Grounds of Appeal are; a. The judge erred in law by admitting extrinsic evidence to contradict terms of the agreement between the parties on the pretext that there was lacunae in the agreement; b. The trial judge’s finding of fact that Plaintiff/Appellant failed to prove that he is entitled to remedy of specific performance is erroneous and cannot be supported by the evidence on record; c. The trial judge’s finding of fact that Plaintiff/Appellant could not prove any breach of t...