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MABEL ESINAM TAMAKLOE
V.
SOLOMON SENEDZU

(2018) JELR 108481 (HC)

High Court 14 Jun 2018 Ghana
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- The High Court held that the parties’ written agreement (“Exhibit A”) constituted the full, binding contract for the sale of land; no enforceable oral terms were proved. - Upon full payment by the defendant, specific performance was order

Case Details

Suit Number:SUIT NO. LD/1456/2016
Judges:K. A. GYIMAH
Counsel:GORDON C. AKPADIE FOR PLAINTIFF; SILAS OSABUTEY FOR DEFENDANT.

JUDGMENT

GYIMAH, J.

Plaintiff’s Case

By an amended writ of summons and statement of claim filed on 10th May 2017, the  plaintiff claimed the following reliefs against the defendant: 

i. A declaration of the court that the defendant breached the terms of the  agreement. 

ii. A further declaration that the defendant breached his trust under the terms of the agreement. 

iii. An order that the plaintiff refunds to the defendant GH₵93,000.00 unlawfully paid by the defendant into the company’s account no. 0620160095928 at UNIBANK GH. LTD, Ashaiman. 

iv. Damages for breach of contract and trust. 

v. An order to set aside the agreement between the parties. 

vi. Costs including lawyer’s fees.

The plaintiff describes herself as a businesswoman and the owner of the land in dispute from where she undertakes her concrete block making business. It is her case that sometime in 2013, she was approached by the defendant who expressed interest in  buying the land in dispute and because she was in financial dis…

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