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RTEY
V.
BANNERMAN

(1972) JELR 69828 (HC)

High Court 6 Jul 1972 Ghana
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- The plaintiff is seeking specific performance of an agreement to sell the defendant's property, an injunction to prevent the defendant from occupying the property, and damages for breach of the agreement. - The defendant was the lessee of

Case Details

Judges:SARKODEE J.
Counsel:NII ODOI ANNAN FOR THE PLAINTIFF; DR. EKOW DANIELS FOR THE DEFENDANT.
Other Citations:[1972] 2 GLR 438

SARKODEE J.

The plaintiff by her writ of summons claims against the defendant:

“(a) An order for specific performance of an agreement to sell the defendant’s premises No. 336 West Korle Gonno Estate to plaintiff.

(b) An injunction to restrain defendant from occupying the said premises during the pendency of the suit; and

(c) Damages for the breach of the said agreement.”

The defendant was the lessee of house No. 336 West Korle Gonno Estate, Accra. The defendant could not pay the instalments on the lease. He owed the Housing Corporation three-and-a-half years rent and he could not pay city council rates and his electricity bills.

The offer for the sale of the leasehold property was contained in exhibit A, which is in the defendant’s own handwriting. The last two paragraphs read as follows:

“I will agree to accept now the difference in cash after deducting the present arrears-all sources-due and amounting to the figure hereunder viz:

Arrears of high purchase instalments £G197 2s. city counci…

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