ESSIEM J.A.
This litigation involves the ownership of a house No. B 848/15, Mataheko or West Abossey Okai, Accra. The property originally belonged to one Moro Braimah. He apparently offered it for sale to the defendant herein; however the evidence shows that he refused to execute the necessary conveyance in favour of the defendant who therefore instituted an action for specific performance.
While that action was pending, Moro Braimah offered the property for sale to the plaintiff. The negotiations for the purchase were done on behalf of the plaintiff by her husband. Moro Braimah disclosed to him that he owed the defendant an amount of ¢3,000 “on the building.” Moro Braimah was in Tamale during the negotiations. He directed the plaintiff through her husband to pay this amount to his (Braimah’s) solicitor in Accra. The evidence suggests that Braimah and the defendant had come to an agreement that if the sum of ¢3,000 was paid to him, he, the defendant, would relinquish his interest in th…