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ERIC ANSONG
V.
MR. ALBERT GORMAN & ANOR

(2010) JELR 68932 (CA)

Court of Appeal 21 Oct 2010 Ghana
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- The Court of Appeal upheld the trial court’s order of specific performance, finding a valid and enforceable contract of sale for jointly owned property where the co-owner was found, on evidence, to have consented or acquiesced in the tran

Case Details

Suit Number:CIVIL APPEAL NO. H1/189/2008
Judges:ASARE-KORANG J.A. (PRESIDING), MARFUL-SAU J.A., ADUAMA-OSEI J.A
Counsel:MR. OWUSU AFRIYIE FOR MR OWUSU AGYEMANG FOR DEFENDANTS/ APPELLANTS,MR. CHARLES ANDOH FOR PLAINTIFF/RESPONDENT

JUDGMENT

A. ASARE-KORANG, J.A.

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.

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.

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 Defen…

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