[2009]DLSC4807 • February 4, 2009 • Supreme Court •
YAA ANTWI vs. N.T.H.C.
The plaintiff, formerly head of the Legal Department of the defendant company, received a letter dated 17 January 2005 offering her the first option to purchase House No. 4 Plateau Close, East Legon Extension at a cost price of US $70,307 or its cedi equivalent, payable within six months. The plaintiff accepted the offer in writing on 31 January 2005. Subsequently, the defendant withdrew the offer by letter dated 7 November 2005, citing the need to house new management staff. The plaintiff had left the defendant's employment on 8 August 2005. The defendant then demanded that the plaintiff vacate the house. The plaintiff sued for specific performance and an injunction to prevent eviction, claiming a binding contract existed from the exchange of letters.
read moreDR. DATE-BAH JSC: This case calls for resort to the basic analytical tools for determining the formation of contracts, including offer, invitation to treat, acceptance and intention to create legal relations, which are to be found set out in the earlier chapters of textbooks, and practice books, on the law of contract. To our mind, the outcome from the application of those tools is clear and self-evident. We are, thus, surprised that this case has had to travel this far for its resolution. The plaintiff at one time worked for the defendant as head of its Legal Department. Whilst still in its employment, she received the following letter from the defendant. “17 January 2005 Ms. Yaa Antwi NTHC Limited ACCRA Dear Madam OFFER FOR SALE – HOUSE NO. 4 PLATEAU CLOSE EAST LEGON EXTENSION The Board of Directors at the emergency Board meeting held on Friday, 31 December 2004 proposed to sell the Company’s houses being occupied by the Management Staff. In this regard, you ar...