2 passages from 2 cases, grouped by point of law. Each passage is in the court's own words and links to the place in the judgment.
Open in the Research toolTherefore, if, on the face of the agreement, there arises any ambiguity or uncertainty as to the construction or interpretation of a clause or a term therein, it must be construed against the maker, namely, the appellants.
PRAH & OTHERS v. ANANE [1964] GLR 458 [1964] SLR (SC) 49 · Supreme Court · 1964 · MILLS- ODOI JSC
Read it in the judgmentEven if an oral agreement was made (such as is alleged by the defendant) in July, 1949, it was an agreement in anticipation of the later agreement in writing of the 25th August, 1952. In these circumstances it seems to us that the case falls to be considered in the light of the judgment of Wills J. in the case of Greswolde Williams v. Barneby (17 T.L.R. 110). In that case Wills J. accepted the argument, supported by a volume of authority, that “where an agreement for purchase and sale was followed by a conveyance the terms of the original agreement were merged in those of the conveyance, and could not afterwards be relied upon by either party except for the purpose of interpreting the language of the conveyance, unless there were grounds for rescinding the conveyance because of fraud or for altering it because of mistake.”
GOLD COAST INDUSTRIAL DEVELOPMENT CORPORATION v. DUNCAN [1959] GLR 444 [1959] SLR (CA) 46 · Court of Appeal · 1959 · GRANVILLE SHARP JA
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