PAUL QUAYE vs. MR. SAMUEL K. QUARTEY

RULING DODOO, JA (MRS) Plaintiffs/Appellants (Appellants) paid to the Defendant/Respondent (Respondent) an amount of $50,000.00 in consideration for a lease of premises for 10 years commencing 1st January, 2014. It was their case that the Respondent was unable to give them vacant possession as he faced stiff opposition from his siblings. The Respondent does not expressly deny receiving the money and does not deny the failure to put the Appellants into occupation of the leased premises. He however stated that the Appellants’ demand for a refund of the rent already paid amounted to an anticipatory breach of contract. He therefore made a counterclaim for damages for breach of contract. At the close of pleadings, the Appellants applied for summary judgment which has been denied. They have therefore appealed against the denial of their application for Summary Judgment. The grounds of appeal are as follows: (a) That the learned trial judge misdirected herself and committe.....