[2019]DLHC9146 • February 28, 2019 • High Court
DR. MARK ABU AGYEI vs. FRANCIS KOJO SMITH
Plaintiff, Dr. Mark Abu Agyei, entered into a sale agreement with Defendant, Francis Kojo Smith, for a property at No. 2, 30th Road Dansoman Residential Area for GH¢700,000. Plaintiff paid installments as per the agreement but Defendant refused to grant vacant possession after full payment. Defendant contended that the property was to be used as a clinic benefiting the community and alleged Plaintiff breached the agreement by intending residential use. Defendant also alleged Plaintiff unlawfully entered the property causing damage and theft. Plaintiff denied these allegations and sought specific performance and possession.
read moreThis case has suffered some challenges and it so requires the narration of the chronology of events before judgment is pronounced. Plaintiff took out this Writ against Defendant on the 28th July 2016 for the following reliefs: a. Declaration that the Sale/Assignment agreement executed between the parties on the 14th January 2016 is conclusive and binding on the parties. b. An order for Specific Performance. c. An order for recovery of possession. d. Perpetual injunction restraining the Defendant, his agents, assigns, workmen, or any person claiming by, through or for Defendant from entering, building on or interfering in any way the Plaintiff’s use quiet enjoyment and possession of the subject property the subject matter of this suit. e. General Damages f. Cost any other relief(s) the Honourable Court may deem fit. The Defendant caused an Entry of Appearance to be filed by his Counsel, Anthony Desewu on 1st August 2016 and filed a Statement of Defence and Counterclaim on 15t.....