ALLAN SUGAR (PRODUCTS) LIMITED vs. GHANA EXPORT COMPANY LIMITED

The appellants, Allan Sugar Products Limited, acquired 50 acres of land and certain buildings from the National Investment Bank (NIB) under an indenture of assignment dated 1 May 1978 for the unexpired term of a prior lease formerly held by the Mankesim Cooperative Vegetable Growers Marketing Society Ltd. The respondents, Ghana Export Company Limited, acquired the remaining 150 acres from the same grantor and, by correspondence culminating in exhibits 3, 4 and 6, secured exclusive use of the irrigation facilities on the land. The dispute arose when the appellants claimed a right to use the irrigation system on the basis of prior negotiations, governmental discussions, the historical use of the irrigation system on the larger farm, and the alleged contemplation of the parties that the land sold to them would carry irrigation rights. The respondents resisted that claim, insisting that NIB had expressly granted them exclusive use of the irrigation system and that they had rehabilitated it at substantial cost. The appellants then attempted self-help by installing a pump near the main pump, which the respondents removed, leading to the action. Portion of judgment: “Their dispute with the respondents... is over irrigation rights on land they acquired from the National Investment Bank...”; “The plaintiffs obtained 50 acres of land...”; “the defendants... sought and obtained from N.I.B. the exclusive right to the use of the irrigation system”; “they resorted to self-help to instal a pump...”

JUDGMENT OF FRANCOIS J.A. The appellants (hereinafter referred to as the plaintiffs) as their name implies, are a company engaged in sugar-cane production. Their dispute with the respondents (hereinafter referred to as the defendants) is over irrigation rights on land they acquired from the National Investment Bank (N.I.B.) for the cultivation of their canes. The facts of the dispute can be shortly stated. N.I.B. in an apparent drive to sustain agriculture, provided funds to a vegetable marketing body called the Mankesim Co-operative Vegetable Growers Marketing Society Ltd. The project was an unmitigated disaster, and N.I.B lost ¢300,000. To call a halt to further losses, N.I.B. foreclosed their mortgage with the society and re-allocated the 200 acres of land involved in the venture to the protagonists in this appeal. On the land were buildings and an irrigation system that were the society’s assets which N.I.B. also disposed of. The plaintiffs obtained 50 acres of land and a...