JUDGMENT
DARKO ASARE JSC
My Lords, this appeal pertains to salient issues germane to the law of contract, entailing the proper construction of contractual terms, performance obligations, repudiatory breaches, and attendant remedies. The key question raised for determination in this appeal is whether a defaulting purchaser of land can resist termination of the contract by relying on part performance of obligations, notwithstanding his failure to settle the full payment price on time.
The appeal emanates from a judgment of the Court of Appeal, Accra dated the 28th of January 2022, reversing the trial court’s decision, which had dismissed the Plaintiff/Appellant/Respondent’s claim against the Defendant/Respondent/Appellant for an order for a more perfect assurance and transfer of title, and for injunctive relief.
For purposes of convenience, the Parties shall bear the same designation as in the trial court and accordingly, the Plaintiff/Respondent herein shall simply be referred to as the P…