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KWADWO TWUM BARIMA V. KWABENA AYELE

(2013) JELR 64884 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H2/69/2012  •  28 Feb 2013  •  Ghana

Coram
JUSTICE AYEBI JA [PRESIDING], JUSTICE IRENE C DANQUAH JA, JUSTICE ALHAJI TANKO AMADU JA

Judgement

JUDGMENT

TANKO AMADU JA

1. This appeal is from the judgment of the Circuit Court Kumasi, dated the 5th day of June 2007. The facts of the case giving rise to this appeal are that:

2. By writ of summons issued from the registry of the Circuit Court Kumasi the Plaintiff/Respondent (hereinafter referred to as “the Respondent”) instituted action against the Defendant/Appellant (hereinafter referred to as “the Appellant”) for:

“An order of specific performance of the contract of sale of Defendant’s Kejetia storeroom No. ADS 118, whose full purchase price of ¢170,000.00 (One Hundred and Seventy Million Cedis) the Plaintiff has paid to Defendant but Defendant has failed, neglected and or refused to give possession thereof to Plaintiff and is occupying same”.

3. The case of the Respondent a trader, is that early in 2004 the Appellant indicated he was selling his (Appellant’s) store No. ADS 118 at a purchase price the Appellant initially fixed at ¢100,000,000 (One Hundred Million Cedis) but which…

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