DANSOMAN COMMUNITY MARKET v. ALBERT OFORI DIABENE

INTRODUCTION

By an amended Writ of Summons and its accompanying amended Statement of Claim issued out of the Registry of this Court on 13th April 2023, the Plaintiff claimed against the Defendant, the following reliefs;

1.An order that the terms of the original agreement be enforced against the Defendant as a first step, notwithstanding the repeated breach of the original Joint Venture Agreement by the Defendant.

2.An order for an independent Auditor/Accountant to be appointed to go into accounts of the joint venture between the Plaintiff and Defendant and to determine the arrears of earnings.

3.And such other obligations due the Plaintiff for the adoption of the honourable Court and directing that the Defendant pays the said arrears and obligations promptly with interest at the prevailing commercial rate.

4.Legal costs.

5.Any other reliefs the honourable Court deems fit.

PLAINTIFF’S CLAIM

The Plaintiff is a limited liability Company and registered under the laws of Ghana to amongst others, carry out the business of building and management of Dansoman Community Market Limited at Dansoman.

The Defendant is a businessman, who Plaintiff claims approached the Plaintiff in 1996 to put up a 24- toilet facility at a cost of Nine Thousand, Nine Hundred and Thirty-Two Ghana Cedis, Eighty pesewas (GH¢9,932.80) on a parcel of land belonging to the Plaintiff.

The Plaintiff averred that, after the Defendant had completed the toilet facility, he refused to pay to Plaintiff, its share of the profit accruing from the operation of the toilet facilities as agreed upon between the parties.

After several years of operating the facility without paying the Plaintiff its part of the profits, the Plaintiff threatened to take over the management of the toilet facility. The Defendant then finally agreed to the signing of a Joint Venture Agreement (hereafter JVA) in December 2004.

The Plaintiff pleaded that, following from this, a Joint Management Committee (hereafter JMC) was then set up to run the facility, and for the first time since 1999 when the toilet facility was built, the JMC saw to it that, profits were shared proportionally according to the agreement from 2005 to 2011.

The Plaintiff further pleaded that it became necessary for the toilet facility to be renovated after its many years of operation, so both Parties committed to sharing equally the burden of the renovation.

However, the Defendant said he had no mone