Antwi Vrs N.T.H.C [2009] GHASC 5 (4 February 2009)

Antwi Vrs N.T.H.C [2009] GHASC 5 (4 February 2009)

The letter of 17th January 2005 was a definite offer to sell a specific property at a certain price, and the plaintiff's acceptance formed a binding contract. Specific performance is appropriate, and interest on the purchase price is payable from the due date to preserve the value of the contract. Rents paid after the High Court judgment should be refunded after execution of specific performance.

Citation
[2009] GHASC 5
Parties
Plaintiff/appellant/respondent: Yaa Antwi; Defendant/respondent/appellant: N.T.H.C.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
4 February 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed in part, allowed in part
Legal Topics
Offer and Acceptance, Specific Performance, Sale of Land, Invitation to Treat, Interest on Purchase Price
Source Language
English
Contract Law Property Law Offer and Acceptance Specific Performance Sale of Land Invitation to Treat Interest on Purchase Price

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Parties

Yaa Antwi

Plaintiff/appellant/respondent

N.T.H.C.

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the letter of 17th January 2005 constituted an offer or an invitation to treat
  2. 2 Whether a binding contract was formed between the parties
  3. 3 Whether specific performance was an appropriate remedy

Ratio Decidendi

The letter of 17th January 2005 was a definite offer to sell a specific property at a certain price, and the plaintiff's acceptance formed a binding contract. Specific performance is appropriate, and interest on the purchase price is payable from the due date to preserve the value of the contract. Rents paid after the High Court judgment should be refunded after execution of specific performance.

Court Disposition

Appeal dismissed in part, allowed in part

Orders

  • Specific performance of the contract for sale of House No. 4 Plateau Close, East Legon Extension at US $70,307 or its cedi equivalent
  • Respondent to pay interest on the purchase price from 1st August 2005 until judgment at the prevailing bank rate, and post-judgment interest until final payment