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OBAAPANYIN NKETAA ADWOA
V.
MICHAEL DONKOR

(2012) JELR 69602 (CA)

Court of Appeal 17 May 2012 Ghana
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- The Court of Appeal set aside the High Court’s decision, holding that no enforceable contract existed between the parties, as there was no consensus ad idem regarding the purchase price or payment terms for the farm. - Specific performanc

Case Details

Suit Number:SUIT NO. CS21/2003
Judges:MARFUL-SAU JA PRESIDING,ADJEI JA ,C.J.HONYENUGA JA.
Counsel:STEPHEN SAH ESQ FOR THE PLAINTIFF/RESPONDENT,CAB ADDAE ESQ FOR THE DEFENDANT/APPELLANT

JUDGMENT

DENNIS ADJEI, J.A.

On 16th February, 2010 the High Court Sefwi Wiawso dismissed all the reliefs endorsed on the Plaintiff’s writ of summons and entered judgment for the defendant for all these reliefs. The court however, gave judgment for the plaintiff in respect of reliefs (a) and (c) of the counter claim and further gave judgment in respect of relief (b) of the Counter claim in favour of the defendant. The defendant/appellant aggrieved by the decision of the High Court Sefwi Wiawso filed an appeal to this court on 4th May, 2010 praying for the reversal of the judgment .

The brief facts of the case were that the Plaintiff/Respondent hereafater referred to in this appeal ‘as Respondent’ gave a parcel of land to the Defendant/Appellant hereinafter referred to in this appeal as appellant to cultivate on abunu tenancy. After the cocoa had matured the parties herein partitioned the farm into two and each of them took his/her portion. It came to the notice of the Respondent that the …

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