LAWRENCE YAW NTAADU vs STEPHEN BOAKYE

JUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION This is an appeal by the Defendant/Appellant (henceforth referred to as the Defendant) against the Judgment of the High Court, Sefwi Wiawso, dated 24th November 2022, wherein Judgment was entered in favour of the Plaintiff/Respondent (hereinafter called Plaintiff). The Defendant has invoked our jurisdiction per his notice of appeal filed on 22nd December 2022. In this appeal, we would be considering, inter alia, whether a court can suo motu review a contract which is the subject matter of a dispute and grant a relief which is inconsistent with the case put forward by a plaintiff; as well as grounds for rescission/terminating a contract at law and in equity. THE FACTS The brief facts are that, pursuant to an agreement made between Plaintiff acting through his agent and the Defendant sometime in April 2014, Defendant agreed to buy Plaintiff’s hotel under the name Marcellina (sic) Hotel, for the sum of one hundred and fifty thousand Ghana .....