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PRESTEA SANKOFA GOLD LTD. v. ELIZABETH KISSI ESSUMAN & ANOR

2025

COURT OF APPEAL

GHANA

CORAM

  • EMMANUEL ANKAMAH, JA (PRESIDING)
  • DR. OWUSU-DAPAA, JA
  • KOFI AKROWIAH, JA

Areas of Law

  • Contract Law
  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

On appeal from the High Court, Final1 Limited challenged orders that compelled it to grant consent for the assignment of a lease, decreed specific performance of a 2010 sale agreement, and awarded large damages to the purchaser, Prestea Sankofa Gold Ltd. The Court of Appeal, per Owusu-Dapaa JA, held that the purchaser was not a party to the 1997 sub-lease containing the covenant that the landlord’s consent "not be unreasonably withheld" and that clause did not, under section 5(1) of the Contracts Act 1960, confer any enforceable benefit on future assignees. Because the respondent lacked locus standi, every consequential order against the appellant was set aside. The court further noted errors in the trial judge’s treatment of refusal of consent as forfeiture, speculative findings on structural integrity, and overlapping remedies, but these became academic once the lack of standing was recognised. The appeal was therefore allowed in full, leaving any dispute between the vendor and purchaser to be pursued separately.

JUDGMENT