April 28, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, comprising Presiding Justice Margaret Welbourne JA and Justices P. Bright Mensah JA (author) and J. Adjei Frimpong JA, dismissed an appeal challenging the Tema High Court’s refusal to recognize the appellant’s claimed leasehold over Plot No. IND/A/44/25 in the Tema Heavy Industrial Area near Tema Steel Works. The 1st respondent offered the plot by letter dated 14 June 2004 with payment due by 1 July 2004. The appellant paid only C80,000,000 (GH¢8,000) on 6 July 2004 and failed to prove further payment. After 59 months, the 1st respondent withdrew the reservation and reallocated the land to the 3rd respondent. On appeal, arguments of waiver, promissory estoppel, arbitrariness under Articles 23 and 296, and entitlement to specific performance were rejected. The Court held that, in the commercial context of the heavy industrial area, time was of the essence; acceptance of late part-payment did not bar withdrawal when the appellant delayed five years; specific performance could not aid a party in breach. The appeal was dismissed and costs of GH¢10,000 were awarded to each respondent.
BRIGHT MENSAH JA
On record, the plaintiff/appellant herein on 13/07/2009, filed a suit in the registry of the High Court, Tema against the defendants/respondents jointly and severally, claiming the following reliefs:
1. A declaration that plaintiff is the lessee of plot No. IND/A/44/25
Tema described in paragraph 21 herein from 1st defendant.
2. A declaration and an order that any purported transfer of land ie
plot No. IND/A/44/25, Tema aforementioned by the 1st defendant
to the 2nd defendant is null and void and of no effect and a further
order directed at 1st defendant to expunge the name of the 1st
defendant as lessee of Plot No. IND/A/4425 Tema aforementioned
from their records.
3. General damages for trespass and wrongfully terminating the
occupancy or lease or offer of the plaintiff, in respect of the pilot
aforementioned.
4. An order for perpetual injunction against the defendants, their
agents, assigns, workmen etc from dealing in any way with the
quite enjoyment of plot No. IND/A/44/25, Tema aforementioned
and Cost.
See: pp 1-2 of the record of appeal [roa].
Although the writ and the statement of claim were subsequently amended, the substance of the claim remained unaltered. See: p 81-83 [roa]. The land, the subject matter of this suit referred to in paragraph 21 of the statement of claim was given as follows:
“21. Plaintiff avers that its land is an industrial plot situate at
Tema heavy Industrial area, near Tema Steel Works and
shares a boundary with 2nd defendant on one side and
Imperial Nails on another side and a proposed road and
Tema Steel Company Limited on another side and the plot
is referred to as plot No. IND/A/44/25, Tema and measuring
6.31 acres.”
Whereas the 1st defendant entered appearance and subsequently filed its defence, the 2nd and 3rd filed a joint statement of defence after entering an appearance.
Issues for trial:
At the close of the pleadings the plaintiff/appellant filed the following issues for trial:
1. Whether or not plaintiff is the owner or lessee of plot No.IND/A/44/25
Tema.
2. Whether or not in view of an earlier lease of plot No. IND/A/44/25
from the 1st defendant to the plaintiff, the 1st defendant can still
assign the aforementioned plot to the 2nd defendant or any other
person or party’
3. Whether or not the plaintiff is entitled to her claims endorsed on
her writ of summons.
4. Any other issue(s) arising from the pleadings.
See: pp 19-20 [roa].
Additional is