ERIC ANSONG vs. MR. ALBERT GORMAN & ANOR [2010]DLCA7007

Date	2010-10-21
Suit No.	CIVIL APPEAL NO. H1/189/2008
Citation No.	[2010]DLCA7007

ASARE-KORANG J.A. (PRESIDING)

MARFUL-SAU J.A.

ADUAMA-OSEI J.A

MR. OWUSU AFRIYIE FOR MR OWUSU AGYEMANG FOR DEFENDANTS/ APPELLANTS

MR. CHARLES ANDOH FOR PLAINTIFF/RESPONDENT

[2010]DLCA7007
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													<main id="main" class="content" style="min-height: 60rem" >ERIC ANSONG<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">MR. ALBERT GORMAN &amp; ANOR<o:p></o:p>(DEFENDANTS /
APPELLANTS)<o:p></o:p>[COURT OF APPEAL, ACCRA]<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">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">CIVIL
APPEAL NO. H1/189/2008&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 21ST
OCTOBER, 2010<o:p></o:p>

</div>COUNSEL: <o:p></o:p>MR.
OWUSU AFRIYIE FOR MR OWUSU AGYEMANG FOR DEFENDANTS/ APPELLANTS<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">

MR. CHARLES ANDOH FOR
PLAINTIFF/RESPONDENT<o:p></o:p>

ASARE-KORANG J.A. (PRESIDING),
MARFUL-SAU J.A., ADUAMA-OSEI J.A<o:p></o:p>

</div>A.&nbsp;&nbsp;&nbsp; ASARE-KORANG, J.A.:<o:p></o:p><o:p>&nbsp;</o:p>On
the 25th day of October, 2007, the High Court, Fast Track Division, Accra
entered judgment in favour of the Plaintiff/Respondent on his claim for an
order of specific performance of an agreement for the sale of the
Defendants/appellants House numbered 4 and situated at Mandela Korkordzor,
Accra, recovery of possession of the said house and costs. <o:p></o:p>The
learned trial judge, in his judgment also dismissed the counterclaim of the 2nd
Defendant/appellant in her Amended Statement of Defence for a declaration of
title to the house aforementioned, perpetual injunction against the
Plaintiff/respondents, his agents, assigns and all persons claiming title
through him from in any manner interfering with 2nd Defendant/appellant's
ownership and use of the said property, general damages for fraud and costs.<o:p></o:p>The
Plaintiff/respondent shall hereafter in this appeal be referred to as the
Plaintiff and the Defendants/appellants as the 1st and 2nd Defendants or simply
as Defendants. <o:p></o:p>Against
the judgment of the trial court, the 1st and 2nd Defendants have jointly filed
five grounds of appeal in their Notice of Appeal and six Additional Grounds in
their Notice of Additional Grounds of Appeal.<o:p></o:p>I
shall set down all the grounds of appeal in the Notice of the Appeal and Notice
of Additional Grounds after I have thoroughly reviewed all the facts and
evidence relied on by the parties at the trial.<o:p></o:p>THE CASE OF THE PLAINTIFF <o:p></o:p>The
Plaintiff averred that the Defendants were the owners of House No. 4,
Mandela-Korkordzor which had been advertised for sale. The property had a
"for sale" sign posted on it. The Plaintiff expressed interest in the
said property and he was subsequently introduced to the Defendants who were
then living in the said property. Negotiations were commenced for the purchase
of the property and Plaintiff as a demonstration of his interest in the
property advanced the sum of ¢10,000,000.00 (Ten Million Old Cedis) to the
Defendants which sum of money did not form part of the negotiated price of the property.
The parties finally concluded negotiations for the purchase price of the house
which was set down at 700 Million Old Cedis. Subsequent to the agreement, the
Plaintiff made a down payment of 400 Million old Cedis by banker's draft to the
Defendants with the balance of 300 Million Cedis to be paid within 3 months
after payment of the first instalment. The initial payment by banker's draft
was issued in the name of the 1st Defendant as it was explained to the
Plaintiff that the Defendants did not have a joint account. <o:p></o:p>The
Plaintiff alleged that on the 18th day of February 2007, the Defendants and
three witnesses came to the house of the Plaintiff where the banker's draft for
400 Million Cedis was handed over to the 2nd Defendant. The 1st Defendant then
prepared an official receipt for the amount in respect of the sale of the
house, the terms of the contract of sale having been spelt out in the receipt
given by the 1st Defendant. The receipt was signed by the Plaintiff and the 1st
Defendant and two witnesses for each of the parties. When the Plaintiff asked
the 2nd Defendant to sign as a witness, she replied that she could not sign and
delegated one of the witnesses to sign on her behalf. <o:p></o:p>The
Plaintiff further alleged that although there was no formal contract for the
sale of the house to him, the receipt issued by the 1st Defendant contained the
essential terms of the agreement for the sale.<o:p></o:p>