[2017]DLHC16544 • October 31, 2017 • High Court
OYOKO CONTRACTORS LIMITED vs. STARCOM BROADCASTING SERVICES LTD. AND FRANK OKYERE
The plaintiff, Oyoko Contractors Limited, claimed ownership of House No. 64A, Airport Residential Area, and alleged that a Deed of Assignment purportedly executed between it and the 1st defendant, Starcom Broadcasting Services Ltd., signed by the 2nd defendant, Frank Okyere (the plaintiff's managing director), was forged and fraudulent. The plaintiff asserted it never authorized the sale or disposition of the property. The 1st defendant contended that the Deed of Assignment was valid, executed by the 2nd defendant with presumed authority, securing a loan defaulted by Allied Trade and Finance Limited. The 2nd defendant admitted signing the deed believing he had authority but later claimed he acted ultra vires without board approval.
read moreJUDGMENT Background This case can sadly be categorized as one of the cases that fit the description of the popular saying “justice delayed is justice denied”. The suit number AL/48/2009 presupposes that the case was instituted sometime in 2009. The writ of summons was however issued on 26th February 2002. Considering the date of the issuance of the writ, this case has travelled through the hands of a number of judges. Two judgments have already been delivered in this matter in favour of the 1st defendant all of which were set aside. On 24th July 2002 the court differently constituted delivered summary judgment in this matter in favour of the 1st defendant on its counterclaim against the plaintiff. The said summary judgment was however set aside by the Court of Appeal on 4th December 2003 which judgment is reported as Oyoko Contractors Ltd. v. Starcom Broadcasting Services [2003-2005] 1 GLR 445. When the Court of Appeal delivered its judgment, the High Court had to de...