Okyere Vrs Wei (GJ/1750/2017) [2023] GHAHC 468 (9 February 2023)

Okyere Vrs Wei (GJ/1750/2017) [2023] GHAHC 468 (9 February 2023)

The defendant failed to deliver vacant possession and quiet enjoyment of the land to the plaintiff, constituting a breach of contract and entitling the plaintiff to rescind the contract and recover the purchase price, interest, damages, and costs.

Source-derived case information.

Citation
[2023] GHAHC 468
Parties
Plaintiff: Chris Okyere; Defendant: Tang Wei
Court
High Court
Jurisdiction
Ghana
Judgment Date
9 February 2023
Case Number
GJ/1750/2017
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Breach of Contract, Sale of Land, Vacant Possession, Rescission of Contract, Damages
Source Language
english
Contract Law Property Law Breach of Contract Sale of Land Vacant Possession Rescission of Contract Damages

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Parties

Chris Okyere

Plaintiff

Tang Wei

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff purchased land from the defendant
  2. 2 Whether the defendant gave vacant possession of the land to the plaintiff
  3. 3 Whether the plaintiff is entitled to rescind the contract

Ratio Decidendi

The defendant failed to deliver vacant possession and quiet enjoyment of the land to the plaintiff, constituting a breach of contract and entitling the plaintiff to rescind the contract and recover the purchase price, interest, damages, and costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff to recover GH¢145,000.00 from the defendant
  • Interest on GH¢145,000.00 at the current bank rate from 9th December 2013 until final payment