CITY FACILITIES MANAGEMENT LIMITED VCOMLAND GHANA LIMITEDRS (GJ/0651/2021) [2024] GHAHC 22 (28 March 2024)

CITY FACILITIES MANAGEMENT LIMITED VCOMLAND GHANA LIMITEDRS (GJ/0651/2021) [2024] GHAHC 22 (28 March 2024)

The Facility Management Service Agreement between Plaintiff and 1st Defendant was validly renewed by email, which constituted written notice under the contract and Ghanaian law. 2nd Defendant, not being a party to the contract, could not lawfully terminate it. 4th Defendant failed to prove payment for services rendered and is liable for the outstanding fees. 3rd Defendant breached its contract with Plaintiff by refusing to perform security services and acting for 2nd Defendant. Plaintiff failed to prove frustration of contract by Defendants.

Citation
CITY FACILITIES MANAGEMENT LIMITED VCOMLAND GHANA LIMITEDRS (GJ/0651/2021) [2024] GHAHC 22 (28 March 2024)
Parties
Plaintiff: City Facilities Management Limited; 1st Defendant: Comland Ghana Limited; 2nd Defendant: Sloan Home Owners Association LBG; 3rd Defendant: Simba Gate Security; 4th Defendant: Hussein Alawiyeh; 5th Defendant: Joseph Khalil
Court
ghahc
Jurisdiction
Ghana
Judgment Date
28 March 2024
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Plaintiff in part; some reliefs dismissed
Legal Topics
Breach of Contract, Privity of Contract, Frustration of Contract, Electronic Communications in Contract, Burden of Proof
Source Language
eng
Contract Law Evidence Law Breach of Contract Privity of Contract Frustration of Contract Electronic Communications in Contract Burden of Proof

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Parties

City Facilities Management Limited

Plaintiff

Comland Ghana Limited

1st Defendant

Sloan Home Owners Association LBG

2nd Defendant

Simba Gate Security

3rd Defendant

Hussein Alawiyeh

4th Defendant

Joseph Khalil

5th Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Existence of contract between Plaintiff and 1st Defendant as of 26 February 2021
  2. 2 Whether 2nd Defendant was set up to terminate contract between Plaintiff and 1st Defendant
  3. 3 Lawfulness of termination by 2nd, 4th and 5th Defendants

Ratio Decidendi

The Facility Management Service Agreement between Plaintiff and 1st Defendant was validly renewed by email, which constituted written notice under the contract and Ghanaian law. 2nd Defendant, not being a party to the contract, could not lawfully terminate it. 4th Defendant failed to prove payment for services rendered and is liable for the outstanding fees. 3rd Defendant breached its contract with Plaintiff by refusing to perform security services and acting for 2nd Defendant. Plaintiff failed to prove frustration of contract by Defendants.

Court Disposition

Judgment for Plaintiff in part; some reliefs dismissed

Orders

  • Declaration that 3rd Defendant working for 2nd Defendant when under contract with Plaintiff was unlawful
  • Declaration that 3rd Defendant breached contract with Plaintiff