EXCEL OIL COMPANY LIMITED vs. OSIBISA CINEMA PALACE LIMITED

ADUAMA OSEI JA: In its action commenced in the High Court, Sunyani on the 22nd of June, 2006, the Plaintiff/Respondent claimed the following reliefs against the 1st Defendant and the 2nd Defendant/Appellant jointly and severally: “(a) A declaration that the defendants are bound both in law and equity, by the terms of agreement spelt out in the Memorandum of Understanding (M.O.U.) entered into between the plaintiff and the defendant on the 7th day of July, 2004. “(b) An order for specific performance compelling the defendants either by themselves, their agents, successors, privies and all those deriving title from them to permit the plaintiff to operate the filling station, which said filling station is lying, situate and being at Sunyani, along the Old Hospital – New Dormaa road, which said filling station was renovated at the expense of the plaintiff with the consent of the defendants by virtue of the M.O.U. entered into between the plaintiff on one hand and the defendant...