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CYRIL ROBERT HALM VS MULTICHOICE GHANA LTD. & ANOR

2024

SUPREME COURT

GHANA

CORAM

  • BAFFOE -BONNIE JSC (PRESIDING)
  • PROF. MENSA-BONSU (MRS.) JSC
  • KULENDI JSC
  • ASIEDU JSC
  • DARKO ASARE JSC

Areas of Law

  • Contract Law
  • Commercial Law
  • Civil Procedure

AI Generated Summary

The Supreme Court, per Darko Asare JSC, decided an appeal by a pay-television company against an estate agent’s claim for commission after assisting in the acquisition of land near the N1 Abelempke Interchange. The Respondent identified the property, performed searches, prepared a site plan, and connected the Appellant to the landowner; Yaw Boakye later negotiated a USD$2.5 million price. The trial court awarded a 5% commission; the Court of Appeal affirmed. The Supreme Court held a valid agency contract existed and rejected the double agency allegation. It restored the finding that the agent did not broker the final price and, following Luxor, ruled commission contingent on completion was not earned. However, to prevent unjust enrichment, the Court awarded quantum meruit of 2.5% (USD$62,500) and dismissed the appeal save for varying the award.

JUDGMENT