Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



COLLINS APPIAH
V.
EYIA KYEI BAFFOUR

(2016) JELR 69844 (HC)    
High Court  ·  SUIT NO. E1/109/2015 ·  29 Jul 2016 ·  Ghana
CORAM
ALEXANDER OSEI TUTU J

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
court
land
law
parties
order of specific performance
payment of the second installment
cross-examination
defendant’s wife
uncompleted building
bedroom house
conveyancing act
court finds
high court
sole name
akamba jsc
bj da rocha
christine dowuona-hammond
court of law
defendant’s notice
dimensional area consisting of a portion of the earth
dire need of funds
dw1’s own words
facts of this case
favour of the plaintiff
honourable court
husband construct
kpobi tetteh tsuru iii
learned judge
legal capacity
no. j4
ollenu’s principles
order of perpetual injunction
own wife
plaintiff’s decision
prompt payment
purported contribution
receipts of specific purchases
respect of the land
respect of the property
said property
space above
such clear cases
such treasury bill
support of his case
time frame
title deed
title deeds
witness statements

JUDGMENT

TUTU J.

I believe the Plaintiff might have learnt some lessons from the above as he approaches this court for a remedy. Apparently, the defendant was in dire need of funds to pursue his political ambition and the Plaintiff was prepared to buy his uncompleted building at Mateheko near Afienya to enable him raise the funds. Believe it or not, the facts of this case are far from complex. After the plaintiff has paid the initial installment, the defendant decided not to sell the house again. Apparently, defendant’s wife had found out about the sale and objected to it. Defendant informed the Plaintiff that he was no longer selling the house and was prepared to refund the sum paid with reasonable interest. It is at the heels of these facts that the Plaintiff initiated his writ in this court on 3rd June 2015 for the following reliefs:

1. An order of specific performance for the defendant to yield vacant possession and hand over the uncompleted 8 bedroom house situate and lying at Mateh…
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