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JUDGMENT
MENSAH-HOMIAH, J.A.
INTRODUCTION: We have before us, an appeal by defendant/appellant against the Judgment of the High Court, Kumasi, dated 23 July 2021 which to a large extent went in favour of Plaintiff/respondent. Issues raised by this appeal border on the remedy of specific performance in a contract for sale of land, rescission of contract, among others.
In this opinion, the designations of the parties at the court below will be retained, for reasons of convenience.
THE FACTS
The Plaintiff and defendant are a businessman and an estate developer, respectively. Sometime in March 2015, Plaintiff entered into a contract with the defendant for the construction of three (3) houses containing four bedrooms each, at Anyinam- Kagyase, Kumasi. Prior to this agreement, there had been a course of dealing between the parties for construction of houses at different locations in Kumasi on similar payment terms.
Regarding the subject matter of this dispute, the parties herein are agreeable tha…