CSPC GHAMED PHARMACEUTICAL LTD. v. OCTOGLOW GHANA LTD.

CONCURRING JUDGMENT

ACKAH-YENSU, JSC

INTRODUCTION

I have had the opportunity of reading, in draft, the lead judgment of my learned sister,

Amma Gaisie, JA. While I am in agreement with her conclusion, I wish to express my own

views on some of the issues arising for determination in this appeal.

BACKGROUND

The background facts of this case have been comprehensively discussed in the lead

judgment. As stated therein, this is an appeal against the Interlocutory Ruling of the High

Court dated 15th July 2022. The trial Judge having heard arguments in respect of the

Respondent’s Application to refer the ma[er to arbitration, held that there was no legal

reason to refuse the application and consequently referred the ma[er to the Arbitrator.

At the court below, the Appellant claimed against the Respondent:

a. For a declaration that the re-entry of the Plaintiff’s land by the Defendant and the

resulting forfeiture of the Sublease dated 24th February, 2012 us unlawful contrary to Section 29 of the Conveyancing Act, 1973, (NRCD) and therefor, null and void and of

no legal effect.

b. For an order to set aside the re-entry of the Plaintiff’s land by the Defendant and the

resulting forfeiture of the Sublease dated 24th February, 2012.

c. For a declaration that the Defendant is in breach of contract for sub-lease.

d. For an order directed at the Defendant to transfer legal title in the said land to the

Plaintiff.

e. An order of specific performance directed at the Defendant to execute the Deed of

Sublease in favour of the Plaintiff.

f. Damages for breach of contract by the Defendant.

g. For a declaration that any re-sale of the Plaintiff’s land by the Defendant is fraudulent

and unlawful and therefore null and void.

h. Recovery of possession.

i. Perpetual injunction restraining the Defendant, its representatives, successors and

assigns from peacefully holding and enjoying the land of the Plaintiff.

Or in the alternative

j. An order for the refund to the Plaintiff of the amount of USD1, 227,850 paid to the

Defendant for the sublease of the land dated 24th February, 2012.

k. Interest on the aforementioned amount accrued from 24th February 2012 till date of final

payment.

l. An order directed at the Defendant to pay the Plaintiff the appreciation in value of the

land.

m. Costs including solicitor’s fees.

n. Any other equitable reliefs as this Honourable Court may deem fit”.

THIS APPEAL

The Appellant initially filed an omnibus ground o