[2017]DLCA4654 • February 16, 2017 • Court of Appeal
EDWARD KWESI SANTENG AND NII OWORSHIKA vs. DR. EDWARD ACQUAH, MRS. JOYCE ACQUAH, MERCY OFORIWA AND HON. MR. S. O.DARKO
The Plaintiff agreed to purchase land from the 1st Defendant, made part payment, but dispute arose over the balance payment and transfer of title. The 1st Defendant sold the land to the 4th Defendant (Co-Defendant). The Plaintiff claimed specific performance, damages, injunctions, and to set aside the sale to the Co-Defendant. The High Court refused the Plaintiff's claims and vested title in the Co-Defendant as a bona fide purchaser for value without notice.
read moreAVRIL LOVELACE – JOHNSON (JA) The High Court on 26th July 2012 gave judgment in this matter by which it refused the Plaintiff/Appellant’s claims for 1. As against 1st and 2nd Defendants jointly and severally Specific Performance of the said Agreement 2. Damages for breach of contract in lieu of or in addition to Specific Performance 3. General Damages for trespass against the 3rd Defendant. 4. An order setting aside the purported Sale of the Land in dispute to the Co-Defendant 5. Perpetual Injunction restraining 1st and 2nd Defendants from conveying the land to any other person apart from Plaintiff and further Order directed against all the Defendants to desist from dealing directly or indirectly with the land which has been sold to Plaintiff in a manner adverse to the legal and equitable interest acquired by the Plaintiff in the land The court rather entered judgment for the Co-Defendant/Respondent on his counterclaim...