DANIEAMA WOMEN & ORGANIC PALM ASS. & ANOR VS SERENDIPALM COMPANY LTD
October 15, 2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP GEORGE K. KOOMSON ‘J’.
Areas of Law
- Evidence Law
- Contract Law
- Property and Real Estate Law
October 15, 2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court case concerns competing claims to an oil palm project at Asuom in Ghana between Danieama Women Palm Association, represented by its director Lucy Aboagye, and Serendipalm Company Limited, a Ghanaian subsidiary of Dr. Bronner’s. The Plaintiffs sought declarations of joint ownership with Danielle Gold of Fearless Planet, nullification of agreements on grounds of illiteracy and deceit, and injunctive relief. Serendipalm counterclaimed for sole ownership of the project and assets, termination of the cooperation and employment relationships, accounting, recovery of proceeds, and injunctive relief. Relying on documentary evidence (Exhibit G series; Exhibit G1) and statutory rules favoring written instruments, the court found the land and project acquisitions were on Serendipalm’s behalf, rejected Lucy’s illiteracy-based challenge, credited Danielle Gold’s testimony that Dr. Bronner’s financed the project, and held Serendipalm solely owns the project. Judgment entered for Serendipalm, with accounting and return-of-assets orders, interest refused, and costs of GH¢30,000 awarded.
On the 17th of July 2013, the Plaintiffs issued a Writ of Summons asking for the following reliefs against the Defendant:
a. A declaration that the Plaintiffs are joint owners of the project with Danielle and not with the Defendant.
b. A declaration that whatever documents purportedly signed by the Plaintiffs to divest themselves of any stake in the project were void on grounds of illiteracy and deceit.
c. An order terminating any contract between the Plaintiffs and the Defendant.
d. An order of perpetual injunction restraining the Defendant and its assigns from interfering with the Plaintiffs’ ownership and control of the project.
The Defendant had also in a counterclaim asked for:
1. A declaration that the Defendant is the sole owner of the oil palm project situate, lying and being at Asuom in the Kwaebibirem District of the Eastern Region.
2. A declaration that the Defendant is the sole owner of all equipment, machinery, buildings, structures, documents, properties, project assets, etc. of the said oil palm project.
3. A declaration that the Co-operation Agreement between the parties in respect of the said oil palm project is validly terminated.
4. A declaration that the employment relationship between Defendant and Plaintiffs is lawfully terminated.
5. Recovery of all sums of monies, proceeds, etc. due to Defendant from the operations of the project and from Plaintiffs.
6. Interest on the said sums from dates they became due till the date of judgment.
7. An order directed at Plaintiffs to render proper account of all monies, and their stewardship or management or supervision of the operations from date of commencement of the agreement to date and use of the facilities.
8. An order directed at the Plaintiffs to return forthwith all project assets, properties, facilities, documents, etc. in their custody or possession.
9. An order of injunction to restrain Plaintiffs from entering, visiting, physically entering onto, supervising, managing, interfering in the operations of the project, or in any way entering onto the project site until all issues or matters in controversy in this suit are determined, or threaten any worker of the project.
10. A perpetual injunction to restrain Plaintiffs either by themselves, representatives, officers, agents, associates, etc. from entering the project site, threatening workers of the project, interfering with the day-to-day management, supervision, or operation of the project or engage in any con