MOKAB COMPANY GHANA LIMITED v. BRAGHA CONSTRUCTION LIMITED

MAJORITY DECISION

LOVELACE-JOHNSON (MS.) JSC:-

The designations of the parties at the High Court will be maintained in this appeal.

By an amended writ issued in February 2016, the Plaintiffs claimed against the defendants as follows

(i)An order for specific performance of the 17/08/2010 written Agreement between the Plaintiff and Defendant and for the Defendant to transfer the title documents to the land, referred to in paragraph 1 and Schedule “A” of the Agreement, from its name to B & M Company and to account for and pay to B & M Company Ltd all monies and benefits received from the sale/lease of portions of the said land.

(ii)A declaration that on the strength of the agreement executed between the Plaintiff and the Defendant on 17th August 2010, the Plaintiff is entitled to 70% of the landholding described in schedule “A” of the said agreement and in the name of the Defendant.

(iii)A consequential order that the Defendant transfers to the Plaintiff 70% of the land described in paragraph 1 and schedule “A” of the agreement of 17th August 2010

(iv)Interest on all sums found due and payable to the Plaintiff either pursuant to contract or pursuant to Rules 1-4 Court (Award of interest and Post Judgment Interest) Rules 2005 (CI 52).

(v)Costs

Defendants denied the above claim and further counterclaimed for

(i)A declaration that Plaintiff breached its contractual and fiduciary obligations to the Defendant when Plaintiff falsely represented to Defendant that the extra sum of Gh₵ 216,000.00 required to complete payment for the land was sourced or obtained from a third party

(ii)A declaration that by reason of Plaintiff’s breach of its contractual and fiduciary obligations to Defendant, Defendant rightly terminated the agreement the basis of Plaintiff’s present suit

(iii)A declaration that upon termination of the agreement Plaintiff is only entitled to reimbursement of Plaintiff’s money advanced Defendant to assist Defendant complete purchase of the property.

OR IN THE ALTERNATIVE

(i)A declaration that Plaintiff is under an obligation to reimburse Defendant in the sum of two hundred and thirty-three thousand, two hundred and fifty-four Ghana cedis, fifty pesewas (Gh233,254.50) being half of the total sum of extra expenses incurred by Defendant in completing the formalities for the purchase of the land the subject matter of the Plaintiff’s suit.

(ii)Interest on the aforesaid (sic) of two hundred and thirty-three thousand, two hundred and fifty four