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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 Westland…

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