OSAFO
V.
STATE HOUSING CORPORATION

(1991) JELR 65325 (HC)    
High Court  ·  27 Mar 1991 ·  Ghana
 · 
Other Citations
[1992] 1 GLR 30
CORAM
EBIASAH J.
Core Terms Beta
court
plaintiff
defendants
option
case
choice
equitable relief
interest
plaintiff’s amended indorsement
things
alternative relief
bags of cement
clear option
current bank rate
date of judgment
defendants’ counsel
original writ of summons
plaintiff’s writ
refund of the sum
reliefs
third additional relief
third alternative
various forms
alternative obligation
amended endorsement
contract of sale
demand judgment
ebiasah j.
english translation
exercise
full import
honourable court
latin version
leave of the court
legal definition of the word alternative
oral application
perpetual injunction
plaintiff leave
present application
previous reliefs
promise
said writ of summons
smart procedural ploy
specific performance
specific performance of the contract
specified sum of money
third alternative indorsement
third alternative relief
third party
way of an alternative relief

EBIASAH J.: By an oral application before this honourable court on 20 March 1991 the defendants’ counsel sought leave of the court to exercise an option under the plaintiff’s amended indorsement on his original writ of summons filed together with a statement of claim on 25 April 1985. It would be recalled that this court granted the plaintiff leave to amend on 15 January 1991, by which a third additional relief was added to the said writ of summons to read:

“(3) Alternatively the refund of the sum of ¢19,000 plus interest at the current bank rate, and the return of 86 bags of cement and 2,500 pieces of cement blocks or their open market value at the date of judgment.”

The defendants’ counsel argued that the third additional relief should be interpreted by the court as granting the defendants with a clear option to select or choose from the plaintiff’s writ of summons which of the three reliefs they would like to give to the plaintiff for his alleged losses under the contract of sale of …

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