JUDGEMENT
AKOTO-BAMFO JSC
Yaw Oppong, the respondent hereafter referred to as the plaintiff, commenced an action in the High Court against Charles Anarfi, the appellant now simply referred to as the defendant for this relief:
“An order for the defendant to yield vacant possession and hand over House No_ Plot 35 Block AB Patase, West Kumasi to the Plaintiff”.
Briefly, the Plaintiffs case, as gleaned from the accompanying Statement of Claim, was that he purchased House no Plot 35 AB Patase, the subject matter of this appeal from the defendant at an agreed sum of GH¢40,000. According to him the transaction was reduced into writing; that even though the 6 month period granted the defendant to yield vacant possession expired; he remained in possession despite repeated demands.
The defendant resisted the Plaintiff’s claim. The gist of his case as per the Statement of Defence filed was that he sought financial assistance from the Plaintiff in the sum of GH¢40,000 cedis to recapitalize his 2nd han…