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JOHN DOMINIC OWUSU
V.
AKUA AKOMAH

(2006) JELR 92116 (SC)

Supreme Court 15 Feb 2006 Ghana
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- Supreme Court dismissed the plaintiff’s appeal, affirming that a contract of sale based on a written document procured by fraud is null and void, thus unenforceable; specific performance was denied as plaintiff lacked clean hands. - The C

Case Details

Suit Number:CIVIL APPEAL NO. J4/23/2004
Judges:MISS AKUFFO, JSC (PRESIDING) , DR. TWUM, JSC , DR. DATE-BAH, JSC , PROF. OCRAN, JSC , ANINAKWAH, JSC
Counsel:MR AHENKORAH FOR APPELLANT MR SOMUAH-ASAMOAH FOR RESPONDENT
Other Citations:(2006) JELR 68133 (SC)

JUDGMENT

ANINAKWA, JSC

This is  an appeal from the judgment of  the Court of Appeal dated 7th June, 2001.

On 4th October 1993, the plaintiff Respondent/Appellant (hereinafter referred to us plaintiff) filed this action at the registry of the High Court Kumasi claiming against the Defendant/Appellant Respondent (hereinafter referred to as Defendant) the following reliefs:

  1. “A” Declaration that by a contract in writing dated and executed by the defendant and the plaintiff in the presence of a common witness on 6th July, 1987, all the rights powers, privileges and interests of the defendant in property plot No.30 Block “K” Kaasi, Kumasi became vested in the plaintiff.
  2. A declaration that it is wrongful for the defendant to fail refuse or neglect to perfect the plaintiff’s title to the said property, plot No.30, Block “K” Kaasi, Kumasi despite repeated demands by the plaintiff on the defendant so to do.
  3. General damages for financial loss and inconvenience suffered by the plaintiff as the result o…

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