MADAM TAWIAH AGYEMAN v. SAMUEL DARKO & ANOR

This civil judgment by Her Ladyship Angelina Mensah-Homiah (Mrs.) addresses a dispute between Mr. Samuel Darko and his longtime tenant arising from a collaborative construction project at Paul Sagoe Lane, Adum–Kumasi. The Plaintiff proposed and helped finance development of 66 storerooms by soliciting funds from market women and remitting money to Mr. Darko’s accounts at Ecobank, Barclays, Prudential and Standard Chartered. She purchased materials, used water from her residences at Breman UGC and Asuoyeboa to mold blocks, hired craftsmen (including welder Kwabena Owusu Bempong and mason Yaw Antwi James), and coordinated when Mr. Darko travelled abroad for medical reasons. Although she claimed agreed consideration of GH¢40,000 plus a new store—or alternatively GH¢103,680 calculated at GH¢40/day—Mr. Darko denied any contract and maintained contractor Amos Marfo led the works. The court held there was no enforceable contract or intention to create legal relations given the familial-like relationship, but accepted that Plaintiff materially contributed through “financial engineering,” awarding GH¢30,000 on quantum meruit, less GH¢2,500 unpaid goodwill, for net GH¢27,500 with post-judgment interest and GH¢2,000 costs. The court further determined the tenancy renewal occurred in November 2009 for ten years, requiring vacant possession by November 30, 2019.