MUSALEM ENTERPRISE vs. MENSAH AND ANOTHER

JUDGMENT OF LAMPTEY J.A. In this action the plaintiffs, Musalem Enterprise, claimed the following reliefs: “a. A declaration that the lease agreement dated 10 January 1985 between C.F.A.O. (Ghana) Ltd. and the first defendant is null and void. b. An order that C.F.A.O. (Ghana) Ltd. enter into a fresh agreement with the plaintiffs as originally intended. c. ¢100,000 damages for loss of earnings against the first defendant or, in the alternative, a refund of an amount of ¢1,957,425 against the defendants being refund of the total cost of renovating the premises which is the subject matter of this dispute plus interest thereon.” By paragraph 1 of the accompanying statement of claim the plaintiffs averred as follows: “1. The plaintiff is a registered partnership carrying on the business of imports, wholesaling and retailing and acting by its partners, Alhaji Afari Bonkano, a semi-illiterate, and Alhaji Mumuni Saleh, an illiterate (hereinafter conveniently referred ...