E. T. A. SAPPOR and L. T. A. SAPPOR for themselves and on behalf of children of late G. A. SAPPOR of Ada v. NENE DAKE II, representing the Ada Native Authority
1947
HIGH COURT
GHANA
CORAM
- Coussey, J
Areas of Law
- Contract Law
- Civil Procedure
1947
HIGH COURT
GHANA
CORAM
AI Generated Summary
The dispute centers on the Ada Foah market, established by George Akwetey Sappor and later managed by his sons Ebenezer and Lionel for the Sappor family. Under a 10 October 1940 agreement, the Sappors transferred management and control of the market to the Ada Native Administration Treasury in exchange for one-third of gross monthly tolls, with the Treasury retaining two-thirds and funding operations and improvements. In 1946, President of the Ada Native Authority, Nene Dake, issued a letter and resolution purporting to dissolve the agreement and the Authority began creating a nearby market on land from the Tettey Ga family. The court held the agreement’s concluding clause—keeping it in force so long as the Treasury exists—precluded termination at will, and rejected unpleaded defenses about market access and toll sharing. Drawing on prior judgments and commercial context, the court awarded £60 for the period 1 August 1946 to 28 January 1947 and costs.
Judgment :
Most of the facts in this case have already been considered in the suit of E. T. A. Sappor and L. T. Sappor for themselves and on behalf of the children of the late G. A. Sappor v. Nene Dake II on behalf of the Ada Native Administration Treasury and Tettey Ga family (1) and (2).
The Land Court held that the plaintiffs' father was the individual owner of land by grant, upon which he had established a market and that the Tettey Ga family, who claimed the land, were liable in damages for interfering with the holding of the market. As against the 1st defendant in that suit, who is sued in this suit as representing the Ada Native Authority, the Court held that an agreement dated the 10th October, 1940, between the plaintiffs and the Ada Native Administration Treasury was a subsisting agreement notwithstanding the interference of the Tettey Ga family, and ordered specific performance of it.
The defendant Nene Dake did not appeal from that Judgment which stands against the Native Administration Treasury which is now the financial and executive department of the Ada Native Authority later established by Ordinance No. 21 of 1944, but the Tettey Ga family appealed to the West African Court of Appeal.
Before the hearing of the appeal the defendant, as president of the Ada Native Authority, wrote the following letter to the plaintiffs' Solicitor, Mr. Bossman, and enclosed with it a copy Resolution of the Ada Native Authority:
“Ada Manche's Office, "Big Ada.
“Sir, 30th November, 1946.
"Re Ada Foah Market
"I have the honour to forward you herewith a copy of a Resolution duly passed by the Ada Native Authority with respect to the Ada Foah Market. The Council has decided that agreements entered into by me with the market owners be dissolved and accordingly it was resolved to that effect. Please be good enough to bring this resolution to the notice of your client Mr. Sappor.
"I have &c."
“Ada Native Authority
"Resolution.
"At a meeting of the Ada Native Authority constituted by the President and members of the said Native Authority held at Big Ada
on the 19th September, 1946 and 29th November, 1946, it was resolved that the existing agreement between the Ada Manche and Mr. Sappor for the Ada Foah market be dissolved and it is hereby dissolved.
"Dated at Big Ada this 29th day of November, 1946."
The plaintiffs allege that the Native Authority is now creating a market on land, not far removed, which has been granted to it by the Tettey Ga family.
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