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EBUSUAPANYIN JAMES BOYE FERGUSON(SUBST. BY AFUA AMERLEY) V. I. K. IMBEAH, V. A. ARMAH AND YAW

(2018) JELR 68853 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/37/2016  •  31 Jan 2018  •  Ghana

Coram
ADINYIRA (MRS) JSC (PRESIDING), DOTSE JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC ,BENIN JSC

Judgement

JUDGMENT

ADINYIRA, JSC:-

This is an appeal against the judgment of the Court of Appeal, Accra, dated 17 March 2016 which affirmed the decision of the High Court Accra in a dispute over the sale and purchase of House No. 10 Nii-Owoo Street, Green Hill (Kisseman) West Legon, and now House No. 15 Westlands Boulevard, West Legon, Accra.

Theresa Haligah, the Plaintiff/Appellant/ Appellant [Plaintiff]] is an hotelier and Duke Banson, the Defendant/ Respondent/Respondent [Defendant] is a businessman. The plaintiff issued a writ at the High Court Accra on 28/1/05 claiming:

1. A declaration that the defendant is estopped from acting differently from his representations and offers to sell a house which was accepted by the plaintiff and duly relied upon.

2. A declaration that the purported tenancy agreement is null and void as same is a forgery.

3. Specific performance of the terms of the agreement entered into between the plaintiff and the defendant for the sale and purchase of House Number 15 Westla…

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