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DON ACKAH V. PERGAH TRANSPORT LIMITED, BERTHA BADOE AND SG-SSB

(2010) JELR 68191 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/5/2009  •  21 Apr 2010  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, ADINYIRA (MRS) JSC, ARYEETEY JSC, AKOTO-BAMFO (MRS) JSC

Judgement

JUDGMENT

ADINYIRA (MRS), JSC

This is an appeal from the judgment of the Court Appeal dated 13 December 2007, which subject to certain orders set aside the judgment of the High Court Accra dated 12 April 2O06.

FACTS

In 1999, the SG SSB Bank Ltd, the 3rd Defendant herein offered its property House No. Plot 642 East Legon, Accra, for sale. The area of contention throughout the trial on the part of the Plaintiff/Appellant (hereinafter Plaintiff) was that the then Managing Director of the Bank, Mr. P.K. Thompson informed him of the intention of the Bank to sell the house. He was initially not interested and later decided to buy the house after private discussions with Mr. Thompson. The latter introduced him to Bertha Badoe, the 2nd Defendant/Respondent (hereinafter 2nd Defendant) the Managing Director of Pergah Transport Ltd the 1st Defendant/Respondent (hereinafter 1st defendant), who was then living in the house as his licensee. A friendship developed between the Plaintiff and 2nd Defendant …

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