JOYCE BOADU ASAMOAH vs. ALBERTA’S PALACE RESORT, DR. ROLAND EDWARD WESLEY, LINDA WESLEY-JOSEPH AND KWABENA JOSEPH [2018]DLCA5005

JOYCE BOADU ASAMOAH vs. ALBERTA’S PALACE RESORT, DR. ROLAND EDWARD WESLEY, LIND... [2018]DLCA5005

Date	2018-05-23
Suit No.	CIVIL APPEAL NO. H1/7/2018
Citation No.	[2018]DLCA5005

JUSTICE IRENE C. LARBI (MRS) J.A. (PRESIDING)

JUSTICE L. L. MENSAH J.A.

JUSTICE ANGELINA DOMAKYAAREH (MRS) J.A.

K. O. AMPONSAH-DADZIE FOR 1ST DEFENDANT/APPELLANT.

CORNELIUS YAWSON FOR PLAINTIFF/RESPONDENT.

[2018]DLCA5005
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													<main id="main" class="content" style="min-height: 60rem" >JOYCE BOADU ASAMOAH<o:p></o:p>(PLAINTIFF/APPLICANT/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>ALBERTA’S PALACE RESORT, DR. ROLAND EDWARD WESLEY, LINDA
WESLEY-JOSEPH AND KWABENA JOSEPH<o:p></o:p>(DFENDANT/RESPONDENT/APPELLANT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, CAPE COAST]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CIVIL APPEAL NO. H1/7/2018&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 23RD MAY, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>K. O. AMPONSAH-DADZIE FOR
1ST DEFENDANT/APPELLANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CORNELIUS
YAWSON FOR PLAINTIFF/RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUSTICE
IRENE C. LARBI (MRS) J.A. (PRESIDING), JUSTICE L. L. MENSAH J.A., JUSTICE
ANGELINA DOMAKYAAREH (MRS) J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>LAWRENCE L. MENSAH, J.A.<o:p></o:p>This
is an appeal launched by the 1st Defendant/Respondent/Appellant (who
will be referred hereafter as 1st Defendant) against the ruling of
the High Court, Cape Coast, dated the 18th of January 2017 in favour
of the Plaintiff/Applicant/Respondent (who will be referred hereafter as the
Plaintiff).&nbsp; The said ruling was
delivered as a result of a motion on notice invoking the inherent jurisdiction
of the High Court, Cape Coast for interpretation of the word “land” as used by
Dorgu J in his judgment dated the 23rd day of December 2013 in
favour of the Plaintiff. That judgment of Dorgu J is found at page 15-19 of the
record of appeal.<o:p></o:p>Facts:<o:p></o:p>The
facts which gave rise to this appeal can be summarized as follows:-&nbsp; In or about the year 2000, the 2nd
Defendant an African-American by name Dr. Roland Edward Wesley now deceased
visited Ghana with the Plaintiff’s siblings. The 2nd Defendant was
hosted by the Plaintiff and her husband.&nbsp;
In course of deliberations between the Plaintiff and the 2nd
Defendant, the 2nd Defendant expressed his interest in investing in
hospitality industry in Ghana.&nbsp; The
Plaintiff and 2nd Defendant decided to partner each other to
establish a hotel business.&nbsp; Pursuant to
the said verbal agreement, the Plaintiff was tasked to look for a suitable land
which land Plaintiff was able to locate at Ampenyi in the Komenda-Edina-Eguafo-Abrem
District in the Central Region.&nbsp; The
chief Nana Takyi Akyin IV in whose area the land was situate, sold same at Ten
million cedis, now GH¢1,000.00.&nbsp; The
Plaintiff and the 2nd Defendant contributed 50% each to pay for the
said land.&nbsp; A purchase receipt evidencing
the transaction was prepared in their joint names.&nbsp; A company was formed with the 2nd
Defendant as the sole shareholder, and a facility was put up for the hotel
business exclusively by the 2nd Defendant.<o:p></o:p><o:p>&nbsp;</o:p>Though
Plaintiff did not contribute financially to the establishment to the 1st
Defendant company, she was in charge of the supervision of the construction of
the hospitality facility, engagement of labour, and when the hotel was finally
completed, she acted as the General Manager when same became operational.<o:p></o:p><o:p>&nbsp;</o:p>Plaintiff
was considered by the 2nd Defendant who was in the U.S.A. throughout
as her partner.&nbsp; As a result, Plaintiff
was made a Director alongside the 2nd Defendant.&nbsp; Later the 2nd Defendant gave Plaintiff
a gift of 10% of the shares in the company.&nbsp;
While the business seemed to be running well, the 4th
Defendant who was a former driver of Plaintiff’s family and was married to 2nd
Defendant’s daughter who is listed in the action at the court below as the 3rd
Defendant, allegedly ganged up to send the Plaintiff parking from the
business.&nbsp; Plaintiff who was aggrieved made
a case that the 1st Defendant and 2nd Defendant were
indebted to her in unpaid salary at US$2,500 per mensem for several years as
the 2nd Defendant had promised to pay her, and having a share in the
parcel of land on which stands the 1st Defendant company.&nbsp; Plaintiff therefore sued Defendants jointly
and severally for the following reliefs on the 4th of October 2011:<o:p></o:p><o:p>&nbsp;</o:p>