REPUBLIC vs. HIGH COURT, KOFORIDUA; EXPARTE ANSAH-OTU & ANOTHER (KOANS BUILDING SOLUTIONS LTD INTERESTED PARTY)

The applicants negotiated with Koans Building Solutions Ltd for the hire or purchase of farmland at Okotokrom Asuboi. The interested party paid sums totaling Gh¢6,700 for site preparation and was put in possession of the land, cultivating crops. The applicants had also cultivated crops on part of the land. The agreement included a condition that if by 31 December 2005 the interested party failed to complete the applicants' uncompleted family house at Aburi, the applicants could terminate the agreement. The interested party failed to complete the building, leading to termination by the applicants. The interested party harvested crops from the land and later sued the applicants for specific performance and sought an interlocutory injunction, which the High Court granted on 12 June 2008.

RULING BROBBEY JSC. I have had the benefit of reading beforehand the opinion of my learned brother Ansah JSC. I agree with him and have nothing useful to add. ANSAH JSC. The applicants herein applied to this court, pursuant to article 132 of the 1992 Constitution, for an order of certiorari directed at the High Court, Koforidua presided over by Anyimiah J, to quash a ruling by the said court dated 12 June 2008 in Suit No E149/2008 intituled Koans Building Solutions Ltd v William Ansah-Otu & Another. The ground for the application was that: "There was an error of law apparent on the face of the record." According to thesupporting affidavit, the first applicant deposed that he had negotiated with the plaintiff-company, Koans Solutions Ltd (hereinafter called the interested party), through its managing director on behalf of the other applicant, for the hire or purchase of a farmland at Okotokrom-Asuboi. The interested party paid ¢60 million old cedis (Gh¢6,000.00) and a sec.....