Haligah Vrs Banson [2018] GHASC 5 (31 January 2018)

Haligah Vrs Banson [2018] GHASC 5 (31 January 2018)

There was no valid contract for the sale of the house; the $10,000 payment was for rent, not purchase. The defendant is the legal owner and entitled to possession. The mesne profit awarded by the lower courts was excessive and is varied to GH¢24.60 per month as assessed by the Lands Commission.

Citation
[2018] GHASC 5
Parties
Plaintiff/appellant/appellant: Theresah Haligah; Defendant/respondent/respondent: Duke Banson
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
31 January 2018
Procedural Posture
Civil Appeal / Judgment on Final Appeal
Outcome
appeal dismissed subject to variation of mesne profit
Legal Topics
Specific Performance, Mesne Profits, Statutory Tenancy, Estoppel, Forgery, Counterclaim
Source Language
English
Property Law Contract Law Landlord and Tenant Specific Performance Mesne Profits Statutory Tenancy Estoppel Forgery +1 more

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Parties

Theresah Haligah

Plaintiff/appellant/appellant

Duke Banson

Defendant/respondent/respondent

Procedural Posture

Civil Appeal / Judgment on Final Appeal

Legal Issues

  1. 1 Whether there was a valid contract for the sale of House No. 15 Westlands Boulevard, West Legon, Accra to the plaintiff
  2. 2 Whether the payment of $10,000 by the plaintiff was part payment for purchase or rent
  3. 3 Whether the tenancy agreement relied on by the defendant was valid

Ratio Decidendi

There was no valid contract for the sale of the house; the $10,000 payment was for rent, not purchase. The defendant is the legal owner and entitled to possession. The mesne profit awarded by the lower courts was excessive and is varied to GH¢24.60 per month as assessed by the Lands Commission.

Court Disposition

appeal dismissed subject to variation of mesne profit

Orders

  • Decision of the Court of Appeal affirmed except for variation of mesne profit
  • Mesne profit to be assessed at GH¢24.60 per month with interest at current bank rate from 1st July 2004 until plaintiff vacates premises