WEST AFRICA COMMODITIES LTD V. HAIKINS OFFEI FIANKO & DIANA FRIMPONG

PROF. MENSA-BONSU (MRS.) JSC: This is an appeal from the judgment of Court of Appeal dated 10th December, 2022 based on a series of contracts entered into between the parties.

FACTS AND BACKGROUND

The defendants were a couple, Mr Haikins Offei and Ms Diana Frimpong and the plaintiff was the West African Commodities Ltd represented by its Managing Director and its beneficial owner, Mr. George Baah Sackey. However, the plaintiff’s name was substituted for that of the Managing Director’s (and beneficial owner’s) in the course of the trial.

The facts of the case have been made complex by the conflation of three contracts into one, as well as the conflation of the legal personality of plaintiff company with the personality of the beneficial owner of plaintiff company.

The two parties entered into transactions that are now set out as three distinct contracts:-

1. The sale and purchase of two plots of land set down in a written contract between plaintiff company as seller and defendants as buyers.
2. Th…