Barnes Vrs Amooh [2022] GHAHC 35 (10 November 2022)

Barnes Vrs Amooh [2022] GHAHC 35 (10 November 2022)

The Defendant failed to pay the full purchase price within the agreed two weeks, paid only GHC20,000.00 out of GHC56,000.00, which is not substantial performance, and stopped paying rent. The Plaintiff was entitled to abrogate the agreement and recover possession. The Defendant became a statutory tenant but lost protection due to non-payment of rent, entitling the Plaintiff to possession and costs.

Citation
[2022] GHAHC 35
Parties
Plaintiff: Ebenezer Barnes; Defendant: Alfred Amooh
Court
High Court
Jurisdiction
Ghana
Judgment Date
10 November 2022
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Sale of Land, Specific Performance, Repudiation of Contract, Statutory Tenancy, Recovery of Possession, Mesne Profits, Damages, Rent Arrears
Source Language
English
Land Law Contract Law Landlord and Tenant Law Sale of Land Specific Performance Repudiation of Contract Statutory Tenancy Recovery of Possession +3 more

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Parties

Ebenezer Barnes

Plaintiff

Alfred Amooh

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to recover possession of the property from the Defendant
  2. 2 Whether the Defendant made substantial part payment to warrant specific performance
  3. 3 Whether the Plaintiff was right to abrogate the sale agreement

Ratio Decidendi

The Defendant failed to pay the full purchase price within the agreed two weeks, paid only GHC20,000.00 out of GHC56,000.00, which is not substantial performance, and stopped paying rent. The Plaintiff was entitled to abrogate the agreement and recover possession. The Defendant became a statutory tenant but lost protection due to non-payment of rent, entitling the Plaintiff to possession and costs.

Court Disposition

Judgment for Plaintiff

Orders

  • Plaintiff entitled to recover possession of the property forthwith under section 17(1) of the Rent Act, 1963 (Act 220)
  • Defendant to vacate the property on or before 31st December, 2022; Plaintiff may use legal means to eject after this date