Bonsu Vrs Agyemang [2012] GHASC 27 (9 May 2012)

Bonsu Vrs Agyemang [2012] GHASC 27 (9 May 2012)

The Supreme Court held that the Court of Appeal erred in denying specific performance, as the law presumes damages are inadequate for breach of contract for the sale of land. The existence of a valid contract entitled the appellant to specific performance, and the additional $2,000 payment was supported by evidence. The Court of Appeal's reasons for refusing specific performance were not persuasive or justified by law or fact.

Citation
[2012] GHASC 27
Parties
Appellant: Kwaku Bonsu; Respondent: Ama Agyemang
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
9 May 2012
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Specific Performance, Sale of Land, Remedies for Breach of Contract
Source Language
English
Contract Law Property Law Equity Specific Performance Sale of Land Remedies for Breach of Contract

Case Brief

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Parties

Kwaku Bonsu

Appellant

Ama Agyemang

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 When may the remedy of specific performance be withheld from a purchaser of land?
  2. 2 Was the Court of Appeal justified in substituting damages for specific performance?
  3. 3 Did the plaintiff make an additional payment of $2,000 to the defendant?

Ratio Decidendi

The Supreme Court held that the Court of Appeal erred in denying specific performance, as the law presumes damages are inadequate for breach of contract for the sale of land. The existence of a valid contract entitled the appellant to specific performance, and the additional $2,000 payment was supported by evidence. The Court of Appeal's reasons for refusing specific performance were not persuasive or justified by law or fact.

Court Disposition

appeal allowed

Orders

  • The judgment of the Court of Appeal is reversed and set aside.
  • The judgment of the High Court granting specific performance is restored and affirmed.