LARTEY vs. BANNERMAN [1976]DLCA402

Date	1976-06-04
Suit No.
Citation No.	[1976]DLCA402

AMISSAH J.A

JIAGGE J.A

SOWAH J.A.

NII ODOI ANNAN (WITH HIM NEE AZUMA NELSON) FOR THE APPELLANT.

DR. EKOW DANIELS FOR THE RESPONDENT.

[1976]DLCA402
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													<main id="main" class="content" style="min-height: 60rem" >LARTEY<o:p></o:p>&nbsp;vs. <o:p></o:p>BANNERMAN<o:p></o:p>&nbsp;[COURT
OF APPEAL, ACCRA]<o:p></o:p>[1976] 2 GLR 461<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
4 JUNE 1976.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

NII ODOI ANNAN (WITH HIM NEE AZUMA NELSON) FOR THE
APPELLANT.<o:p></o:p>

DR. EKOW DANIELS FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

AMISSAH, JIAGGE AND SOWAH JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMISSAH J.A.<o:p></o:p>The
plaintiff in this case is an infant. She brought an action against the
defendant for a decree of specific performance of an agreement whereby the
defendant was to sell his estate house. She also asked for an injunction to
restrain the defendant from occupying the premises during the pendency of the
suit and claimed damages for the breach of the sale agreement.<o:p></o:p><o:p>&nbsp;</o:p>The
actual contract was negotiated and concluded by the plaintiff’s father, one
Blankson Lartey, who at all times let it be known that he was buying the house
for his daughter. All the documents were therefore made in the name of the
plaintiff. No exception was taken in the pleadings or otherwise up to the stage
of trial to Blankson Lartey conducting the action on behalf of the daughter
until he gave evidence when out of his own mouth fell the words that the
daughter for whom he was buying the house was under age. Blankson Lartey was
then cross-examined about his authority to commence and maintain the action.
This led to an amendment of the title of the suit to indicate that the
plaintiff was suing by her next friend, namely, her father. There was also an amendment
of the defence putting forward the claim that the agreement could not be
specifically enforced as it purported to have been made with an infant. All
this is somewhat strange because the defendant is a nephew of Blankson Lartey
and they appeared to have been quite close to each other. So that one might
expect that the defendant would have known about the infancy of the plaintiff
before the case started and would have instructed his lawyer accordingly.<o:p></o:p>Be that
as it may, the learned trial judge agreed with the defendant’s contention on
this point and refused to decree specific performance on the ground of the
absence of mutuality in contracts involving infants. It is this aspect of the
decision which the plaintiff complains about. The defendant also is aggrieved
by the decision but his grievance stems from other causes. And to appreciate
the substance of the rival cases more details of the facts and circumstances
leading to the decision should be given at this stage.<o:p></o:p><o:p>&nbsp;</o:p>The
defendant is the lessee of a house, No. 336, West Korle Gonno Estate. He held
this lease from the State Housing Corporation to whom he was paying rent. In
1971 he was in financial difficulties. He had not paid the rent for three and a
half years; he could not pay his rates or his electricity bills. Under these
circumstances he approached his uncle, Blankson Lartey, and offered to sell him
the leasehold interest. Blankson Lartey, at first declined to buy and suggested
some other arrangement to help the defendant raise the needed money. It was at
the insistence of the defendant that Blankson Lartey accepted to buy the
leasehold interest in the house.<o:p></o:p><o:p>&nbsp;</o:p>The terms
of the agreement suggested by the defendant were that Blankson Lartey should
pay the arrears of rent and rates and some outstanding sums on water and
electricity, all to the total amount of ¢559.00. Over and above that the sum of
¢1,142.00 was to be paid to the defendant. Everything was paid under the
agreement except ¢650.00. This balance was to be paid to the defendant when he
signed the necessary deed of assignment. The money was, therefore, deposited by
Blankson Lartey with his lawyer for the defendant whenever the latter completed
his part of the agreement by executing the deed of assignment. Blankson Lartey
went with the defendant to the State Housing Corporation for the lease. A deed
of assignment was duly prepared and the consent of the Lands Department for the
assignment was obtained. Blankson Lartey acceded to the request of the
defendant to be permitted to stay in the house for another two months, that is
until 31 October 1971. Apparently with the financial pressures now relieved,
the defendant changed his mind about the house. He refused to leave it as had
been agreed and he refused to sign the deed of assignment. This is what brought
about the action.<o:p></o:p><o:p>&nbsp;</o:p>