Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

INDUSTRIAL PARK GHANA LIMITED v. NATIONAL INVESTMENT BANK

2016

COURT OF APPEAL

GHANA

CORAM

  • GYAESAYOR, JA (PRESIDING)
  • LARBI (MRS), JA
  • AGYEMANG (MRS), JA

Areas of Law

  • Contract Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

This case revolves around a dispute on a tenancy agreement where the appellants challenged the High Court's decision favoring the respondents. The plaintiff rented out yet-to-be-constructed warehouse and offices to the defendant for five years. The defendant accepted possession later than agreed and raised issues about the non-fulfillment of certain conditions outlined in pre-agreement discussions, which the plaintiff called non-binding once the lease was signed. However, the trial found these pre-agreement discussions influenced the lease terms indicating a collateral contract. Although the appellee’s initial performance was delayed, the court found that the appellant waived the deadline by later accepting the premises without timely objection. The appeal alleging judicial error and inappropriate handling of evidence was dismissed, upholding the High Court’s judgment and awarding costs to the plaintiff.

JUDGMENT