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OSEI YAW V. OPEI KUMI

(1955) JELR 83575 (CA)

Court of Appeal  •  1 Jan 1955  •  Ghana

Coram
Cor. Foster-Sutton P., Korsah Ag.C.J., Coussey J.A.

Appearances
Bossman (Prempeh with him) for the appellant. Ollennu for the respondent.

Judgement
<p style="text-align: justify;"><strong>The following judgment was delivered by KORSAH Ag.C.J.</strong> : The plaintiff sued the defendant for specific performance of an agreement made on October 14, 1952, between the plaintiff and the defendant whereby the defendant agreed in writing to sell his house on Plot No. BA.113, Kumasi, to plaintiff for the sum of £3,800. In the alternative he sued for the return of the sum of £3,852 10s.</p><p style="text-align: justify;">The defendant denied that he was liable and contended in effect that there was an ambiguity in respect of the said agreement of October 14, 1952, and therefore adduced evidence to support his contention as to what he alleged was the true intention of the parties at the time the agreement was executed. The defendant further counterclaimed the sum of £1,000.</p><p style="text-align: justify;">With respect to the said agreement, the learned trial judge said: “I am satisfied that it expressed the intention of the parties.&quot; In the face of this finding of fact, the only question to be considered is whether there is an apparent ambiguity on the fac…</p>

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