BILLY JANE vrs GOSSIP BEACH LTD

[1]. My Lords, this appeal emanates from the judgment of the High Court, Accra (Probate and Administration Division), delivered on 20th May 2024. The appeal calls upon this Court to review the findings and conclusions of the learned trial judge in a protracted dispute concerning the ownership, management, and operation of two hospitality properties—one located at La Pleasure Beach Resort, Accra and the other at Nungua, opposite the Ramada (formerly Randa) Hotel. On 6th August 2014, the Plaintiff, now Appellant, issued a Writ of Summons and Statement of Claim seeking, inter alia, declarations and orders arising out of two alleged Lease Agreements dated 22nd February 2012 relating to the La and Nungua properties. Specifically, she sought:

1. A declaration that the Defendant breached the Leases of 22nd February 2012 in respect of both the La Beach Resort and the Nungua Restaurant & Night Club;

b. Recovery of rent arrears of US$22,500 (La property) and US$50,000 (Nungua property), or their cedi equivalent;

c. Interest on the said sums at the prevailing bank rate from September 2013 and 22nd February 2012, respectively, until final payment;

d. A declaration that the Defendant had no interest in her business, having failed to honour its obligations;

e. An injunction restraining the Defendant, its agents, and privies from entering the said properties;

f. A declaration that the Defendant breached a subsequent Partnership Agreement dated 1st September 2013; and

g. Damages for breach of the Lease and joint venture agreements.

[2]. The Defendant, now Respondent filed its Statement of Defence and subsequently amended on 15th January 2019, denying the existence of any Lease in respect of the Nungua property and asserting that the original La Lease of 22nd February 2012 had been novated into a partnership or joint venture agreement executed on 1st September 2013. The Respondent contended that, under that arrangement, it was entitled to manage the business at La for Twenty-Five (25) years with profit-sharing in the ratio of 60:40 in its favour, in lieu of rent. It alleged that the Appellant wrongfully terminated the partnership by forcibly excluding it from the premises in July 2014.

[3]. By its Counterclaim, the Defendant sought, inter alia:

1. A declaration that the Plaintiff breached the 1st September 2013 Partnership/Joint Venture Agreement;

b. An order for recovery of the La Pleasure Beach business;

c. An injunction restraining the Plaintiff from inter