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CLEMENT OTCHERE
V.
DIANA OWUSU

(2016) JELR 64842 (CA)

Court of Appeal 29 Feb 2016 Ghana
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- The plaintiff sued the defendant for specific performance of a contract for the sale of two properties or payment of a sum of money. - The defendant argued that the writ of summons issued by a law firm was incompetent and void. - The high

Case Details

Suit Number:SUIT NO: H1/27/2015
Judges:AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A
Counsel:MUJEEB RAHMAN AHMED WITH SAEED KOFI SAM OSMAN HAKEEM AND ,LAWAL TAHIRU FOR DEFENDANT/APPELLANT,NANA YAW FRIMPONG FOR PLAINTIFF/RESPONDENT

JUDGMENT

TORKORNOO (MRS), J.A.

The Plaintiff respondent sued the defendant Appellant for:

a. An order for Specific Performance of the contract for the sale of House No. Plot 18 Block ‘P’ Aburaso, Kumasi and Plot No. 10 Block ‘A’ Kenyase Krotia, Kumasi entered into between the Plaintiff and the Defendant on 13th September, 2012 or in the alternative Payment of the sum of One Hundred and Twenty Thousand Ghana cedis (GH¢120,000.00) being part payment of purchase price of Two Hundred and Twenty Thousand Ghana cedis (GH¢220,000.00) of the two properties described above which Plaintiff advanced to the Defendant towards the purchase of these properties.
b. General damages for breach of contract.
c. Interest at the prevailing bank rate from 24th October, 2012 till date of final payment.

After being served with the Writ in this suit, the defendant Appellant entered conditional appearance through her lawyer. She then filed an application to strike out the Writ of summons and statement of claim. Her c…

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