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KWADWO TWUM BARIMA
V.
KWABENA AYELE

(2013) JELR 64884 (CA)

Court of Appeal 28 Feb 2013 Ghana
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- This case involves an appeal from a judgment of the Circuit Court Kumasi. - The plaintiff/respondent filed a lawsuit against the defendant/appellant for specific performance of a contract of sale for a store. - The respondent claimed to h

Case Details

Suit Number:CIVIL APPEAL NO. H2/69/2012
Judges:JUSTICE AYEBI JA [PRESIDING], JUSTICE IRENE C DANQUAH JA, JUSTICE ALHAJI TANKO AMADU JA
Counsel:FRANK PINTO AMORTEY ESQ. FOR DEFENDANT/APPELLANT; OBENG MANU ESQ. FOR PLAINTIFF/RESPONDENT.

JUDGMENT

TANKO AMADU JA

1. This appeal is from the judgment of the Circuit Court Kumasi, dated the 5th day of June 2007. The facts of the case giving rise to this appeal are that:

2. By writ of summons issued from the registry of the Circuit Court Kumasi the Plaintiff/Respondent (hereinafter referred to as “the Respondent”) instituted action against the Defendant/Appellant (hereinafter referred to as “the Appellant”) for:

“An order of specific performance of the contract of sale of Defendant’s Kejetia storeroom No. ADS 118, whose full purchase price of ¢170,000.00 (One Hundred and Seventy Million Cedis) the Plaintiff has paid to Defendant but Defendant has failed, neglected and or refused to give possession thereof to Plaintiff and is occupying same”.

3. The case of the Respondent a trader, is that early in 2004 the Appellant indicated he was selling his (Appellant’s) store No. ADS 118 at a purchase price the Appellant initially fixed at ¢100,000,000 (One Hundred Million Cedis) but which…

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