CHRISTIE BOAMPONG vs. CATERING MANAGEMENT SERVICES LTD. AND 3 OTHERS

MARFUL- SAU, JA : This appeal which is taken from the judgment of the High Court sitting at Tema, dated the 9th of January 2013 raises one fundamental issue, which is whether or not the contract for the sale of land between the plaintiff/appellant and the 1st and 2nd defendants/respondents was repudiated by the plaintiff. The brief facts of the case as revealed by the record of appeal is that the original plaintiff one Madam Dora Agyeman and the husband one Mr K. Boampong negotiated to purchase a parcel land that had been allotted to the 1st and 2nd defendants by the 3rd defendant, Tema Development Corporation. The parties agreed on the price of GH₵ 50,000.00 and the said Mr K. Boampong paid a deposit of GH₵ 20,000.00 with the understanding that the balance would be paid after the necessary documentation and ownership of the land was transferred to the plaintiff by the 3rd defendant. Pursuant to this agreement the 2nd defendant executed statutory declarations and forwarded same t...