ELLUAH v. ANKUMAH

Justice Owusu considered Madam Essie Elluahs suit seeking specific performance of an oral agreement with John Kweku Ankumah to assign his leasehold interest and uncompleted building at North Chapel Hill Estate, Takoradi, for Na24,000, paid to the Ghana National Trading Corporation (G.N.T.C.) to clear Ankumahs indebtedness. Elluah paid Na22,000 initially to district manager Mr. N.D.C. Korney, later the full sum, collected title documents, and signed a solicitor-prepared assignment, while Ankumah denied any agreement and rejected the payments. Although the court found Elluahs evidence credible, it concluded the transaction was illegal: the lease covenanted against assignment without prior Government written consent, and Elluahs undertaking constituted a guarantee or credit representation governed by sections 14(1) and 14(2) of the Contracts Act, 1960 (Act 25), both requiring writing. The court refused specific performance and ordered restitutiona refund of Na24,000 with 5% interest upon Elluahs return of documentsand authorized G.N.T.C. to pursue lawful recovery against Ankumah. No order as to costs.