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BEN YAW OBENG V. STATE HOUSING CO. LTD.

(2008) JELR 64971 (CA)

Court of Appeal  •  SUIT NO. H1/148/06  •  17 Apr 2008  •  Ghana

Coram
ARYEETEY J. A. PRESIDING, MARFUL-SAU J. A, MARIAMA OWUSU J. A.

Judgement

MARFUL-SAU, J. A.

This is an appeal against the judgment of the High Court Accra dated the 29th October 2004. The Plaintiff/Respondent in his writ commencing the action claimed the following reliefs:—

a) An order for specific performance directed at the Defendant to deliver a House Type SH3 situated at Dansoman, Accra to the Plaintiff by reason of a contract dated 11th January 1979.

b) In the alternative the recovery of the purchase price for a similar house type at Dansoman, Accra at its current value.

c) Damages for breach of contract.

d) Cost.

The brief facts of the case are as follows. The Plaintiff herein called the Respondent in his desire to own a house applied to the Defendant to acquire house type SH3 at Dansoman, Accra in 1979. The Respondent was made to complete Exhibit 1 which is a form headed “Application for Hire Purchase House”. On this form the Respondent indicated that he was prepared to pay a deposit of ¢19,000.00.

The overleaf of this form Exhibit 1, are conditions and of …

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