AYEKPA vs. SACKEY-MENSAH [1984]DLCA886

Date	1984-11-27
Suit No.
Citation No.	[1984]DLCA886

APALOO C.J.

FRANCOIS JA

ABBAN J.A.

NYANOR FOR THE APPELLANT.

NO APPEARANCE FOR OR BY THE RESPONDENT

[1984]DLCA886
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													<main id="main" class="content" style="min-height: 60rem" ><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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AYEKPA <o:p></o:p>

{COURT OF APPEAL, ACCRA} <o:p></o:p>

[1984-86] 1 GLR 172<o:p></o:p>

DATE:
27 NOVEMBER 1984<o:p></o:p>

</div><o:p>&nbsp;</o:p>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">

NYANOR FOR THE APPELLANT. <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 1.0pt 0in">

APALOO C.J., FRANCOIS AND ABBAN JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APALOO C.J.<o:p></o:p>The main facts
of this case are not in dispute. One Emmanuel Awuley Lartey owned a plot of
building land at Accra. It is plot No. 96, Dzorwulu. The evidence is imprecise
as to what his real interest was in this land. He developed it up to a point
but ran into financial difficulties and was desirous of disposing of it. He
therefore offered it for sale to the defendant, Ayekpa.<o:p></o:p><o:p>&nbsp;</o:p>The
evidence suggests that he took Ayekpa to the land and showed him the
uncompleted building. The latter clearly fell for it and was willing to buy it.
Lartey offered it to him for ¢8,500 and the defendant agreed to buy it at that
price. According to the evidence, it was agreed that the defendant should make
a down payment of ¢1,700 against the purchase price, the balance was to be paid
on the delivery to the purchaser of the title deed of the land and other
muniments of title. The defendant duly made the down payment and Lartey
acknowledged this in writing in these terms:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“This
agreement made on 9 October 1974 between my client the vendor Emmanuel Awuley
Lartey of Accra and me S. I. T. Ayekpa also of Accra for the sale of his
uncompleted concrete block house at Dzorwulu near Achimota at an agreed price
of ¢8,500 (Eight Thousand Five Hundred Cedis). Dated at Accra 9 October 1994.”<o:p></o:p><o:p>&nbsp;</o:p>Upon
receipt of this deposit, Lartey took the defendant back to the land and
installed him in possession. He not only handed him the keys of the building,
but also introduced him to a watchman whom he employed to secure the building.
There is evidence that subsequent to October 1974, the defendant paid to Lartey
various moneys in further part payment of the purchase price.<o:p></o:p>On the
evidence, if Lartey is not an out and out knave, he is something close to it.
Notwithstanding his offer of this plot to Ayekpa and his acceptance of payment
of deposit by him, he again offered it to the plaintiff, Victoria
Sackey-Mensah. Ayekpa has not renounced his interest in the plot. Lartey gave
him to understand that he was processing his documents of title and would make
all these over to him in return for the unpaid balance of the purchase price.<o:p></o:p><o:p>&nbsp;</o:p>Unbeknown
to the plaintiff, Lartey had already alienated this plot to the defendant and
put him in possession. In her state of ignorance, the plaintiff also agreed to
purchase this self-same plot. This time, Lartey raised the selling price. He
asked the plaintiff to pay ¢9,300 for it. The latter agreed and like Ayekpa,
also made a down payment of ¢5,000. This payment was made on 21 December 1974,
and Lartey gave a receipt to acknowledge this payment.<o:p></o:p><o:p>&nbsp;</o:p>Sometime
in 1975, the evidence is unclear when exactly this was, the plaintiff paid the
outstanding balance of ¢4,300 to Lartey. He then gave her a receipt not for
this particular payment, but a comprehensive one for the total purchase price.
Although this payment was actually made on a date in 1975, it was back-dated to
coincide with the date of the first payment, namely 21 December 1974.<o:p></o:p><o:p>&nbsp;</o:p>