SOFFISH VENTURES LIMITED VS THE LA STOOL
June 29, 2016
HIGH COURT
GHANA
CORAM
- ANTHONY K. YEBOAH (JUDGE)
Areas of Law
- Contract Law
- Property and Real Estate Law
- Equity and Trusts
- Evidence Law
AI Generated Summary
The Ghana High Court (per Anthony K. Yeboah, J.) adjudicated a land-lease dispute between Soffish Ventures Limited and the La Stool, led by the La Mantse, Nii Osa Kpobi (alias Nii Kpobi Tettey). French director Richard Rivoire sought a lease of a prime Labadi beach parcel near La Palm Beach Hotel for a hotel/restaurant project. Although the land had been state-vested since 1930, Rivoire worked with AMA, EPA, the Minister for Private Sector Development, Office of Bottlenecks, Department of Urban Roads, and the Lands Commission over six years to secure its release to the La Stool. The La Stool lawyer, the late Peter Ala Adjetey, issued a 1999 letter of intent and a 2001 memorandum of understanding, which Rivoire accepted in 2001. After the State released the land in 2002, the La Stool refused to lease to the Plaintiff, invoking non-payment of customary drinks and consideration. Applying waiver and promissory estoppel, and noting nemo dat, the court held an agreement existed and that the La Stool breached it, but declined specific performance on equitable grounds due to uncertainty and potential third-party prejudice. The court awarded general damages of GH¢ 473,000 with judgment interest and costs, and dismissed the ultra vires corporate objects challenge as a non-issue.