[2004]DLSC6440 • July 21, 2004 • Supreme Court •
RICHARD JOHN BUTT vs. CHAPEL HILL PROPERTIES AND DEVI CHARITY BUTT
The Plaintiff, a British national, married the second Defendant, a Ghanaian, in 1972. They lived together for over twenty years before divorcing in 1996. The second Defendant was the sole shareholder and director of the first Defendant company, Chapel Hill Properties, registered in Ghana in 1993. The Plaintiff claimed to have invested substantial funds (£120,000 and a loan of 30 million cedis) into the company, including borrowing £100,000 secured by his London property. The second Defendant denied that the Plaintiff was a shareholder or that the funds were his equity, asserting the money was a gift or jointly owned. The dispute arose over ownership and repayment of these funds following the breakdown of the marriage and business relationship.
read moreBAMFORD-ADDO, (MRS), J.S.C. I have been privileged to read in advance the judgment of my able and respected Brother Dr. Date-Bah, J.S.C. and I agree with the decision contained therein. I also support the conclusion reached by him on the question of interest and have nothing new or useful to add. AKUFFO, J.S.C. I have read the learned opinion of my brother Dr. Date-Bah, J.S.C., and am in agreement with his conclusions regarding the main outcome of this appeal. Unfortunately, however, after all due consideration, I do not agree with his conclusions on the cessation date of the interest awarded. For the reasons I expressed in IBM v. Hasnem Enterprise Ltd. [2001 - 2002] SCGLR 393, it is my view that, in a matter such as this case, the court may, pursuant to the Court (Award of Interest) Instrument, 1984 (L.I 1295), award interest that is exigible up to the date of final payment. DR. DATE-BAH J.S.C. This is the sad case of a love story gone wrong. Boy meets girl (both at a young ...