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YAA ANTWI V. N.T.H.C.

(2009) JELR 65085 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/12/2008  •  4 Feb 2009  •  Ghana

Coram
AKUFFO (MS) PRESIDING, DATE-BAH (DR) JSC, ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC

Judgement

DR. DATE-BAH JSC

This case calls for resort to the basic analytical tools for determining the formation of contracts, including offer, invitation to treat, acceptance and intention to create legal relations, which are to be found set out in the earlier chapters of textbooks, and practice books, on the law of contract. To our mind, the outcome from the application of those tools is clear and self-evident. We are, thus, surprised that this case has had to travel this far for its resolution.

The plaintiff at one time worked for the defendant as head of its Legal Department. Whilst still in its employment, she received the following letter from the defendant.

“17 January 2005
Ms. Yaa Antwi
NTHC Limited
ACCRA
Dear Madam
OFFER FOR SALE – HOUSE NO. 4 PLATEAU CLOSE EAST LEGON EXTENSION
The Board of Directors at the emergency Board meeting held on Friday, 31 December 2004 proposed to sell the Company’s houses being occupied by the Management Staff.
In this regard, you are being given the first offer to …

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