DON ACKAH vs. PERGAH TRANSPORT LIMITED, BERTHA BADOE AND SG-SSB

In 1999, SG SSB Bank Ltd offered for sale a property at Plot 642 East Legon, Accra. The Plaintiff was informed by the Bank's Managing Director, Mr. P.K. Thompson, of the sale intention. Initially uninterested, the Plaintiff later decided to purchase the house after private discussions with Mr. Thompson, who introduced him to Bertha Badoe (2nd Defendant), Managing Director of Pergah Transport Ltd (1st Defendant), the then licensee of the house. The Plaintiff and 2nd Defendant agreed that the Plaintiff would purchase the house in the name of the 1st Defendant to boost its asset base for a bid with Ghana Commercial Bank, with an understanding that the house would later be transferred to the Plaintiff. The Defendants contended that the Plaintiff only offered financial assistance to them to purchase the house and denied any agreement to transfer the house to the Plaintiff after winning the bid.

ADINYIRA (MRS), JSC: This is an appeal from the judgment of the Court Appeal dated 13 December 2007, which subject to certain orders set aside the judgment of the High Court Accra dated 12 April 2O06. FACTS In 1999, the SG SSB Bank Ltd, the 3rd Defendant herein offered its property House No. Plot 642 East Legon, Accra, for sale. The area of contention throughout the trial on the part of the Plaintiff/Appellant (hereinafter Plaintiff) was that the then Managing Director of the Bank, Mr. P.K. Thompson informed him of the intention of the Bank to sell the house. He was initially not interested and later decided to buy the house after private discussions with Mr. Thompson. The latter introduced him to Bertha Badoe, the 2nd Defendant/Respondent (hereinafter 2nd Defendant) the Managing Director of Pergah Transport Ltd the 1st Defendant/Respondent (hereinafter 1st defendant), who was then living in the house as his licensee. A friendship developed between the Plaintiff and 2nd Defendant a...