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PATRICIA ABBAN PADDI & ors vs EZZEDINE TRUST COMPANY LTD. & ANOR

2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE SHEILA MINTA

Areas of Law

  • Alternative dispute resolution
  • Contract Law
  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

Beneficiaries of the late Godfrey Abban’s estate entered a joint venture structured as a 45-year sub-lease with the 1st Defendant to redevelop House No. 39, Airport Residential Area, Accra. The agreement required a US$220,000 upfront payment, completion of apartments within 24 months, and delivery of six units to the Plaintiffs, and provided for US$6,000 per month for delay; notably, it contained no termination clause. The Lands Commission (2nd Defendant) was joined nominally for rectification. Despite Defendants’ non-participation and an earlier interlocutory default judgment, the Court, after hearing Plaintiffs’ witness Joel Gregory Abban and reviewing exhibits, identified the contract’s escalatory ADR clause mandating mediation then arbitration. Applying Section 7(5) of Act 798 and Section 195 of Act 1036, and noting the requirement to prove damages under Order 11 rule 13(4), the Court refused final judgment, set aside the interlocutory judgment, and referred the matter to Clause 9 procedures and Court-Connected ADR, citing authority to vary orders when mandatory provisions are overlooked.

JUDGMENT