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CITY FACILITIES MANAGEMENT LIMITED VS COMLAND GHANA LIMITED & ORS

March 28, 2024

HIGH COURT

GHANA

CORAM

  • LORDSHIP JUSTICE AYITEY ARMAH-TETTEH

Areas of Law

  • Contract Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

City Facilities Management Limited sued Comland Ghana Limited, Sloane Home Owners Association LBG, Simba Gate Security, Hussien, and Joseph Khalil over facility management services at Sloane House, Accra. The parties FMSA dated 1 November 2018 covered reception, cleaning, security, landscaping, maintenance and invoicing individual landlords. On 12 October 2020 Comlands CEO Darren Spencer renewed the FMSA by email, which City Facilities accepted. In February 2021, Sloane Home Owners Association LBG was incorporated by directors including Hussien and Joseph Khalil, passed a board resolution and issued a letter purporting to terminate the FMSA, and directed Simba Gate Security to exclude City Facilities staff. The High Court held the email renewal valid, found the 2nd defendant lacked authority to terminate, rejected alleged frustration, held Simba Gate Security in breach of its contract with City Facilities, and ordered Hussien to pay USD 9,740 plus interest. Damages of GH25,000 were awarded against Simba Gate Security, with costs apportioned and some reliefs dismissed.

JUDGMENT