DONKOR V. WIH AND ANOTHER

OSEI-HWERE J.A.: House No. D 40, West Patasi Estate, Kumasi was acquired by the defendant, Kwaku Wih, in February 1974 from the State Housing Corporation on a hire-purchase lease. By the conditions of the hire-purchase the selling price of the house was ¢6,700 and the defendant was required to pay a deposit of ¢1,200 towards the selling price. The balance of ¢5,500 was spread over a period of twenty years and payable at the monthly instalment of ¢44.51 inclusive of insurance charge of ¢1.23. The defendant complied with those conditions.

Now on 1 June 1975 the defendant (as the vendor ) entered into an agreement with the plaintiff (as the purchaser) whereby he purported to assign his interest in the said house to the plaintiff. The terms of the said agreement would repay full quotation hereunder:

“1. That the vendor has agreed to assign to the purchaser all his interest in the said house for the sum of ¢2,258 (two thousand two hundred and fifty-eight cedis).

2. That the vendor hereby ack…