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DEEGBE
V.
NSIAH AND ANOTHER

(1985) JELR 65767 (CA)

Court of Appeal 25 Jul 1985 Ghana
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- Plaintiff’s claim for specific performance of an oral land sale agreement was dismissed; court held no binding contract existed due to conditional acceptance (requesting price reduction) and lack of ad idem. - Per section 2(a) of the Conv

Case Details

Judges:EDUSEI JA,EDWARD WIREDU JA,OSEI-HWERE J.A.
Counsel:AMANEY FOR THE APPELLANT; DR. PREMPEH FOR THE RESPONDENTS.


EDUSEI J.A.: In this appeal the plaintiff-appellant who will be referred to hereafter as the plaintiff seeks a reversal of the judgment of Anterkyi J. sitting in an Accra High Court and dated 21 June 1982. The judgment was in favour of the defendant and co-defendant-respondents who also will be referred to as the defendant and co-defendant, respectively.

The plaintiff, a legal practitioner, issued out a writ claiming against the defendant an order of specific performance in respect of an agreement for the sale of house No 1, Junction Road, C F C Estates, Tesano, Accra. In his statement of claim (which will be stated fully later) accompanying the writ the plaintiff set out, according to him, the circumstances leading to an agreement for the sale of the house in question by the defendant to him at a price of ¢65,000. All this was an oral agreement. The plaintiff, a tenant in the house, continued to say in his statement of claim that he had succeeded in procuring a promise of a loan from…

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