KOGLEX LIMITED vs. MRS. KATE FIELD

Koglex Limited, through its managing director Michael Magid Erawoo, negotiated to lease Mrs. Kate Field's property at No. C16/5 Ring Road Central, Accra, agreeing on an annual rent of ¢120,000 and a five-year rent advance totaling ¢600,000. Partial payments of ¢200,000 were made with receipts issued. A draft lease agreement was delivered, and a meeting on 14th September 1985 with both parties and their lawyers discussed and purportedly agreed on terms, with the defendant's solicitor to prepare the final lease. Despite this, the defendant denied a concluded agreement, stopped preparatory work on the property, and refused to refund the advance rent. The plaintiff sued for specific performance and injunction, while the defendant counterclaimed for damages for trespass. The trial court dismissed the plaintiff's claim, finding an unresolved issue in the handwritten memorandum attached to the draft lease. The Court of Appeal and Supreme Court (ordinary bench) affirmed the dismissal by majority decisions.

ACQUAH, J.S.C.: This is an application for a review of the judgment of the ordinary bench of this court delivered on 20th April 1998. The judgment was by a majority of 3:2 — Adjabeng, Atuguba and Sophia Akuffo JJ.S.C, and Hayfron-Benjamin and Ampiah, JJ.S.C. dissenting. Under rule 54 of the Supreme Court Rules 1996 (C.I.16) as amended, grounds entitling one to invoke our review jurisdiction are stated as follows: “(a) exceptional circumstances which have resulted in a miscarriage of justice; (b) discovery of new and important matter or evidence which after the exercise of due diligence, was not within the applicants knowledge or could not be produced by him at the time when the decision was given”. The applicant herein anchors his request under the first limb of the above rule and therefore concludes in paragraph 28 of his statement of case filed on the 18th of June 1998 in the following words: “28. It is submitted that all the points raised do demonstrate exceptional cir...