ADOLFMAT GOD’S WAY ACADEMY AND MATILDA AMPONSAH vs. ADOLF ADU GYAMFI AND AKUA NKRUMAH

The plaintiffs, including a limited liability company (1st plaintiff) and its co-director (2nd plaintiff), claimed that the 1st defendant (husband to 2nd plaintiff) sold the school property without the 2nd plaintiff's consent. The 1st defendant denied selling the school, asserting instead that he sold his personal vehicle and took interest-free loans from the 2nd defendant. The 2nd defendant claimed to have purchased the school property from the 1st defendant, having made full payment after negotiations and representations that the 1st defendant was the sole owner. The 2nd defendant counterclaimed for specific performance and injunction to protect her ownership rights. The High Court upheld the counterclaim and dismissed the plaintiffs' claims, leading to this appeal.

JUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION: The High Court, Kumasi, by its judgment dated 21st December 2021 upheld the 2nd defendant’s counterclaim for specific performance and dismissed the plaintiff’s claim for an order canceling the purported agreement between the defendants, among others. It is against this decision that the plaintiffs/appellants invoked our jurisdiction by their Notice of Appeal filed on 18th January 2022. For ease of reference, in this appeal, the parties will be referred to by their designation at the court below. THE FACTS It is apposite to set out the matters which have given rise to this appeal. The plaintiffs caused a writ of summons to be filed at the High Court, Kumasi, on 3rd April 2017, which they amended on 5th May 2017. In both the original and amended statement of claim, the 2nd plaintiff described herself as a co-director of the 1st plaintiff school, a limited liability company registered under the laws of Ghana. These were the reliefs whic...