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EVANS YAW AYIVOR v. GHANA OIL COMPANY LTD (GOIL)

2021

COURT OF APPEAL

GHANA

CORAM

  • OFOE, J.A (PRESIDING)
  • BARTELS-KODWO (MRS.), J.A
  • BERNASKO ESSAH (MRS.), J.A.

Areas of Law

  • Contract Law
  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

This appeal arises from a dispute over a filling station site and an alleged promise of dealership. The plaintiff, who sourced land from the Afenu family for the defendant oil company and assisted with construction and regulatory steps, claimed he would be allowed to operate the station once built. After the defendant refused to hand over the station, the plaintiff obtained a 2017 conveyance from the Ayivor family (to which he belongs) over the same land, registered it, and sued for title and damages. The High Court found a binding agreement, denied special damages but awarded GH¢25,500 (quantum meruit) and GH¢100,000 general damages, and applied laches/acquiescence; it also ordered attornment and a new lease in favor of the Ayivor family. On appeal, the Court held the plaintiff’s registration was fraudulently procured and void, affirmed possession-based presumptions under Evidence Act s.48, confirmed an oral agreement to manage the station, rejected limitation, affirmed nominal damages, reduced general damages to GH¢50,000, and set aside the attornment/valuation orders, dismissing both parties’ appeals save for the vacatur.

JUDGMENT