[2023]DLSC16139 • February 22, 2023 • Supreme Court •
MOKAB COMPANY GHANA LIMITED vs. BRAGHA CONSTRUCTION LIMITED
The parties entered a partnership agreement on 17 August 2010 to jointly purchase a 30.016-acre land behind the Trade Fair Site, La, Accra, at a cost of GH₵900,000. The Plaintiff initially paid GH₵450,000 (50%) but later increased to 75% contribution due to Defendant's failure to pay its share. The Defendant acquired and registered the land in its own name, refused to transfer 70% interest to the Plaintiff, and sold portions to third parties without Plaintiff's consent or accounting for proceeds. The Plaintiff sued for specific performance and related reliefs; Defendant counterclaimed alleging Plaintiff's breach and sought reimbursement of expenses. The High Court dismissed specific performance, ordered refunds with interest and damages. The Court of Appeal substituted damages based on 70% of current market value of the land. The Defendant appealed to the Supreme Court, challenging the Court of Appeal's jurisdiction and valuation method. The Plaintiff cross-appealed seeking specific performance.
read moreJUDGMENT MAJORITY DECISION LOVELACE-JOHNSON (MS.) JSC:- The designations of the parties at the High Court will be maintained in this appeal. By an amended writ issued in February 2016, the Plaintiffs claimed against the defendants as follows (i) An order for specific performance of the 17/08/2010 written Agreement between the Plaintiff and Defendant and for the Defendant to transfer the title documents to the land, referred to in paragraph 1 and Schedule “A” of the Agreement, from its name to B & M Company and to account for and pay to B & M Company Ltd all monies and benefits received from the sale/lease of portions of the said land. (ii) A declaration that on the strength of the agreement executed between the Plaintiff and the Defendant on 17th August 2010, the Plaintiff is entitled to 70% of the landholding described in schedule “A” of the said agreement and in the name of the Defendant. (iii) A consequential order that the Defendant transfers to the Plaintiff 70...