[2013]DLSC2751 • July 19, 2013 • Supreme Court •
KAMA HEALTH SERVICES LIMITED vs. UNILEVER GHANA LIMITED
The Appellant sold property in Kumasi to the Respondent for US$500,000 payable in three installments. The Respondent received possession and began rent collection. However, registration was obstructed due to objections by the Asantehene claiming lack of consent. The Respondent treated the sale as failed, refunded rents to the Appellant, and sought refund of the purchase price plus interest and damages after contract cancellation.
read moreBENIN, JSC:- What began as a simple and straight-forward transaction between two Ghanaian registered limited liability companies over ten years ago has unfortunately led to a protracted litigation dating back to 30th June 2004. On the said date, the Plaintiff/Respondent/Respondent, hereinafter called the Respondent, brought an action against the Defendant/Appellant/Appellant, hereinafter called the Appellant, at the High Court seeking these reliefs: 1. Interest on the cedi equivalent of US$500,000.00 from 5th December 2002 to date of final payment at the current Bank Rate. 2. Special damages. 3. General damages for breach of contract. 4. Costs. The facts which gave birth to the action before the High Court were the following. The Appellant sold property numbered 1-3 & 10-12 situate at Kumasi, popularly called SNR 1 SAT Building, which forms part of Kumasi Part 1 lands, to the Respondent at a fee of US$500,000.00, payable in three instalments over a given period of time. Having r...