(1962) JELR 63930 (HC)    
High Court  ·  31 May 1962 ·  Ghana
Other Citations
[1962] 1 GLR 418
Core Terms Beta
co-operative societies ordinance
plots of land
ashanti members
committee meeting
specific performance
annual general meeting
committee of the association
day administration
members of the committee
operative society
board of directors
committee of the society
meeting of the committee
said plots
board of directors of a limited liability company
bye-law no.
defendant society
director of an ordinary limited liability company
general day
good faith
governing body of a registered society
limited liability
limited liability company
minutes exhibit b show
minutes of the meeting of the committee
modern practice
mr. obese hayford
mr. oteng p.w.2
operative movement
piece of land
points of law
position of a committee of a society
question of the sale of the land
refund of the purchase price
registrar of the co-operative societies
rules of the society
said ashanti
said contract
separate society
sole director of the association
sole director of the society
specific performance of a contract
subject-matter of this suit
such number of other members
such number of vice-presidents
three-fourths of the members

OLLENNU J.: In this suit the plaintiff claims an order for specific performance of a contract entered into between him and the defendants for the sale to him of a piece of land situate at Kotobabi, Accra. The defendants admit that the contract as pleaded by the plaintiff was entered into, but contend that the said contract is not one of which the court should grant specific performance.

It would be appropriate at this stage to deal with the facts very briefly to form the foundation for the many points of law which have been raised and argued.

The defendant society is a co-operative society with limited liability registered under the Co-operative Societies Ordinance.1(1) The plaintiff was at all material times the president and sole director of the society. The association was composed of unions from Ashanti, Brong-Ahafo and Southern Ghana. The committee of the society used to meet once in two months; one of its said meetings is held immediately prior to an annual general meeting usually…

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