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
2021
COURT OF APPEAL
GHANA
CORAM
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.
OFOE, J.A:
The plaintiff/appellant who we will refer to as the plaintiff in this judgment went to the High Court on the 28th of July 2017 claiming amongst other reliefs a declaration of title to a 1.42 acre land. We will refer to the other reliefs shortly. The defendant who cross appealed we will refer to as the defendant.
The basis of plaintiff’s claim is that he was approached by the Managing Director of the defendant oil company who is a friend, to assist the company secure land on the Aflao-Accra High Way, for the construction of a Petrol Filling station. It was agreed that on completion of the station it will be given to him to operate as its manager. On the basis of this agreement, through his own efforts, he was able to locate and paid for this land for the defendant. Not only that but he got himself also involved in the construction of the station. On completion of the station the defendant refused to hand it over to him as agreed. It is this land on which the station is located that he is making claim, to contending that, the initial grant which he got for the defendant company was from a wrong family and he has now got the grant from the legitimate family, the Ayivor family. From his pleadings he got this subsequent grant in his own name and not that of the defendant company, as he did initially. He also wants all his expenses he had made towards the construction of the station refunded to him since the defendant has breached the contract and refused to hand over the station to him to operate. He pleaded the expenses in paragraph 13 of his statement of claim as follows
“i. Environmental Protection Agency( 5 visits to get the land rezoned to Commercial use for the purpose agreed upon with Defendant Company) GH¢20,000.00
ii. Supervision of earth filing work GH¢20,000.00
iii. Weekly visit to site at a cost of GH¢500
for 52 weeks GH¢26,000.00
iv. Monthly rent (Arrears for eight (8)
years at GH¢8,000 GH¢768,000.00
GH¢834,000.00”
His other claims on the writ we reproduce as follows:
“
b. Damages for trespass to plaintiff’s land described above
c. Recovery of possession of the Plaintiff’s land aforesaid
d. Perpetual injunction against the Defendants, their servants, privies, agents, assigns, workmen and all those claiming through them from entering onto the subject land and carrying out any business activities on same or interfering with the subject land in any manner whatsoever.
e. General damages for breach of contract.
f. Special dama