THERESA HALIGAH vs. DUKE BANSON [2016]DLCA4689

Date	2016-03-17
Suit No.	CIVIL APPEAL NO. : H1/150/2015
Citation No.	[2016]DLCA4689

V. D. OFOE J.A. (PRESIDING)

K. A. ACQUAY J.A.

M. AGYEMAN (MRS.) J.A.

[2016]DLCA4689
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													<main id="main" class="content" style="min-height: 60rem" >THERESA HALIGAH<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>DUKE BANSON<o:p></o:p>(DEFENDANT/RESPONDENT)<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 0in 0in">

<h4 style="margin-left:0in;text-align:justify;text-indent:0in;border:none;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:0in 0in 0in 0in">CIVIL APPEAL NO. : H1/150/2015&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:
17TH MARCH, 2016<o:p></o:p></h4>

</div>CORAM:<o:p></o:p>V. D. OFOE J.A. (PRESIDING), K. A. ACQUAY J.A., M.
AGYEMAN (MRS.) J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="text-align:center;border:none;
mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>K
.A. ACQUAY, J.A.<o:p></o:p><o:p>&nbsp;</o:p>This
is an appeal against the ruling of the judgment of a High Court, in Accra which
dismissed the plaintiff/appellant’s claims for among others, specific
performance of an agreement for the sale and purchase of a house in Accra. <o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The
plaintiff issued a writ against the defendant claiming:-<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A declaration that the defendant is stopped
from acting differently from his representations and offer to sell a house
which was accepted by the plaintiff and duly relied upon <o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A declaration that the purported tenancy
agreement is null and void as same is a forgery.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Specific performance of the terms of the
agreement entered into between the plaintiff and the defendant for the sale and
purchase of House Number 15 Westlands Baulevard, West Legon, Accra the subject
matter of this suit.<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Perpetual injunction restraining the
defendant, his agents, assigns, successors and agents from harassing and or
interfering with the plaintiff’s rights to occupation, possession, enjoyment
and use of her property.<o:p></o:p><o:p>&nbsp;</o:p>The plaintiff’s case was that she is a hotelier who
rented the disputed house in August 1999 from Mrs. Esther Caroline Augustus for
¢350,000 per month.&nbsp; Later a daughter of
the landlord introduced the defendant to her as having bought the house.&nbsp; When her tenancy with Mrs. Esther Caroline
Augustus ran out she proposed to rent the premises from the defendant for
500,000.00 a month as a result of which she wrote to the defendant.&nbsp; She tendered the letter dated 11th
October 2001 as Exhibit E.&nbsp; Subsequently
she agreed to purchase the house from the defendant for US$60,000 which was
later reduced to US$50,000.&nbsp; According to
the plaintiff they agreed that the purchased price will be paid in installments
as a result of which she paid $10,000 to the defendant.&nbsp; Due to a friendship which had developed
between them they agreed that the $10,000 paid for the purchase of the house
will be described as rent as a result of which they prepared a receipt which
she tendered as Exhibit A.&nbsp; &nbsp;The plaintiff testified that after reading the
receipt his witness Joe Aboagye Debrah the Lawyer asked why the receipt did not
express the intended sale and he was assured that documents for the sale of the
house will be prepared after the full purchase price had been paid. &nbsp;The plaintiff continued that after June 2002
she did not pay any rent to the defendant because after paying part of the
purchase price she became the owner of the house.&nbsp; According to the plaintiff the defendant sued
her at the District Magistrate Court in Madina for non-payment of rent and
obtained an order for her ejection.&nbsp; The
plaintiff admitted the defendant also sued her for using the premises for
immoral purposes which she denied.&nbsp; The
plaintiff testified that in the papers served on her from the District
Magistrates Court the defendant attached a tenancy agreement Exhibit G5 but
there was no tenancy agreement between them as the signature on the agreement
is not hers.&nbsp; Also Exhibit G6 which she
earlier tendered as Exhibit A is not a receipt for rent but a receipt for part
payment of the purchase price.&nbsp;&nbsp; The
plaintiff thus contended that the defendant fraudulently obtained those
documents Exhibit A and G5 from her and gave particulars of the fraud.<o:p></o:p><o:p>&nbsp;</o:p>The defendants defence was that the plaintiff became
his tenant when he purchased the disputed house from Annette August in the year
2000 and tendered three documents Exhibits 1, 2 and 3 in proof of his
title.&nbsp; After purchasing the house he
wanted to sell it so he gave the plaintiff, the sitting tenant the first option
to purchase.&nb</main>