Santeng Vrs Acquah and Others [2020] GHASC 57 (25 November 2020)

Santeng Vrs Acquah and Others [2020] GHASC 57 (25 November 2020)

The respondent's payment of part of the purchase price and subsequent attempts to pay the balance constituted sufficient part performance to entitle him to specific performance. The appellants' failure to provide a proper indenture and subsequent fraudulent sale to the co-defendant/appellant rendered the second sale void. The co-defendant/appellant failed to prove he was a bona fide purchaser for value without notice. The appeal lacked merit and was dismissed, affirming the Court of Appeal's decision in favour of the respondent.

Citation
Santeng Vrs Acquah and Others [2020] GHASC 57 (25 November 2020)
Parties
Plaintiff/appellant/respondent/respondent: Edward Kwasi Santeng (Nii Oworshika); 1st Defendant/respondent/appellant: Dr. Edward Acquah per his wife, agent, representative/lawful attorney Joyce Acquah (Mrs.); 2nd Defendant/respondent/appellant: Mrs. Joyce Acquah; 3rd Defendant/respondent/appellant: Mercy Oforwaa; Co Defendant/respondent/respondent/appellant: S. O. Darko
Court
ghasc
Jurisdiction
Ghana
Judgment Date
25 November 2020
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
appeal dismissed
Legal Topics
Specific Performance, Breach of Contract, Fraud in Property Transactions, Bona Fide Purchaser, Land Sale Agreements, Part Performance, Conveyancing
Source Language
eng
Property Law Contract Law Equity Specific Performance Breach of Contract Fraud in Property Transactions Bona Fide Purchaser Land Sale Agreements +2 more

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Parties

Edward Kwasi Santeng (Nii Oworshika)

Plaintiff/appellant/respondent/respondent

Dr. Edward Acquah per his wife, agent, representative/lawful attorney Joyce Acquah (Mrs.)

1st Defendant/respondent/appellant

Mrs. Joyce Acquah

2nd Defendant/respondent/appellant

Mercy Oforwaa

3rd Defendant/respondent/appellant

S. O. Darko

Co Defendant/respondent/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the respondent was entitled to specific performance of the land sale agreement
  2. 2 Whether the respondent failed to pay the purchase price within the stipulated time
  3. 3 Whether the sale of the land to the co-defendant/appellant was valid

Ratio Decidendi

The respondent's payment of part of the purchase price and subsequent attempts to pay the balance constituted sufficient part performance to entitle him to specific performance. The appellants' failure to provide a proper indenture and subsequent fraudulent sale to the co-defendant/appellant rendered the second sale void. The co-defendant/appellant failed to prove he was a bona fide purchaser for value without notice. The appeal lacked merit and was dismissed, affirming the Court of Appeal's decision in favour of the respondent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Judgment of the Court of Appeal affirmed