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(1978) JELR 63734 (HC)

High Court  •  17 Feb 1978  •  Ghana



AMUA-SEKYI J.: By his writ of summons, the plaintiff Davy Hayford, claims, as agent of Duncan Augustt, the return of a deposit of ¢10,000 paid by the said Duncan Augustt for an estate houses at Teshie-Nungua. The facts giving rise to the claim are not in dispute. They are that on or about 9 August 1976, the plaintiff, on behalf of Duncan Augustt, applied for the allocation of an estate house to the said Duncan Augustt. The application was accepted and the plaintiff, on behalf of Duncan Augustt, paid a deposit of ¢10,000 towards the purchase price of the house. No house was allocated to Duncan Augustt. On or about 10 February 1977, the plaintiff informed the defendants that Duncan Augustt was no longer interested in the allocation of an estate house. and asked the defendants to refund the deposit of ¢10,000. The defendants refused to do so, and on these proceedings have put up two defences, namely: (a) the plaintiff not being a party to the contract cannot sue thereon and (b) no time w…

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