EDWARD KWASI SANTENG (NII OWORSHIKA) vs. DR. EDWARD ACQUAHPER & 3 OTHERS

The respondent (Edward Kwasi Santeng) entered into an agreement on 14 October 1999 to purchase a parcel of land at Oyarifa-Accra from the first appellant (Edward Acquahper) for 42 million old cedis, paying a deposit of 4 million cedis evidenced by a 'Land Sale Receipt' which indicated the land was free from encumbrances and fully delivered to the respondent. The respondent alleged the appellants failed to prepare and execute a proper conveyance (indenture) and instead threatened to sell the land to a third party (codefendant). The respondent paid the outstanding balance into court and later into the appellants' joint account but was refused. The appellants contended the respondent failed to pay the full purchase price within the agreed three months, leading to termination of the agreement and resale to the codefendant. The codefendant claimed to be a bona fide purchaser for value without notice. The trial court ruled for the codefendant on counterclaim; the Court of Appeal reversed this, granting specific performance to the respondent and dismissing the counterclaim. The appellants appealed to the Supreme Court.

JUDGMENT BY HONYENUGA, JSC:- Introduction On the 25th day of November, 2020, we delivered judgment in this appeal but deferred our reasons, which we now give. We unanimously dismissed the appeal and affirmed the judgment of the Court of Appeal. The parties in this appeal would finally see the end of litigation for having been litigating in the Courts of competent jurisdiction for about twenty years. This appeal is from the Judgment of the Court of Appeal dated the 16th day of February, 2017. The appellants (that is the defendants/co-defendant/respondents/appellants) were the defendants and Co-defendant respectively in the High Court. The Co-defendant/respondent/appellant was a counterclaimant in the trial court and succeeded in his Counterclaim but lost on appeal at the Court of Appeal when the respondent herein (that is the plaintiff/appellant/respondent) appealed against the judgment of the trial High Court. In this appeal, the first, second and third defendants/respondent...