THE REPUBLIC vs. HIGH COURT, (COMMERCIAL COURT 8) ACCRA EX PARTE: DR. SAMUEL ANNOR , TRASACCO ESTATES DEVELOPMENT LTD AND INDEPENDENCE PROPERTIES LTD.

Trasacco Estates Development Ltd (Plaintiff) sued Independence Properties Ltd (Defendant) for approximately $19.6 million under a contract dated 9 January 2017 for design and completion works on a Hilton Garden Inn project in Accra. The Plaintiff alleged non-payment by the Defendant. Notably, key shareholders and directors overlap between the two companies, except for Dr. Samuel Annor, who holds 40% of the Defendant's shares and is not involved in the Plaintiff company. Dr. Annor applied to intervene in the suit, citing conflict of interest risks due to overlapping shareholding and directorships potentially compromising the Defendant's defense. The Defendant and Plaintiff opposed his intervention. Procedural irregularities arose concerning the capacity of the Defendant's counsel and the trial judge's rulings on preliminary objections and stay of proceedings.

RULING DOTSE JSC:- FACTS The brief facts of this matter are as follows:- On the 3rd day of August, 2021, Trasacco Estates Development Company Limited (hereinafter called “the Plaintiff”) issued a writ No. CM/RPC/0840/21 against Independence Properties Limited (hereinafter called “the Defendant”) claiming a liquidated sum totaling about $19.6 million. It was the Plaintiff’s case that by a Contract Agreement, (the contract) dated 9th January 2017, the Defendant engaged it to design, complete works, and remedy defects of a 297 key 4-star Hilton Garden Inn (the project) in a contractual development located at Independence Avenue, Accra. However, when the money became due, the Defendant refused or neglected to settle the amounts outstanding, thereby causing serious hardship to the Plaintiff. Now, while this appears to be a rather commonplace dispute between two commercial entities operating in the real estate industry, the nature of the shareholding and directorships of ...