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KOBAKU ASSOCIATES
V.
OWUSU

(2005) JELR 66056 (CA)

Court of Appeal 21 Mar 2005 Ghana
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- The Court of Appeal held that the absence of a written contract does not preclude the existence or enforceability of an agreement between commercial parties; oral contracts may be binding if supported by evidence of offer, acceptance, and

Case Details

Judges:ARYEETEY JA, TWENEBOA-KODUAH JA, HEWARD-MILLS J
Counsel:P C KOBI-FORDAH FOR THE APPELLANT; DR KWAKU NSIAH FOR THE RESPONDENT.

JUDGEMENT

Aryeetey JA. The plaintiff-appellants are a partnership of chartered architects whose members are Mr W L Akude, Mr F Kobia-Amanfi and Mr S O Larbi. In October 1997 one of the partners, Kobia-Amanfi met with the defendant, a former managing director of Kowus Motors at the Korle Bu Teaching Hospital. The plaintiffs’ case is that in the course of a conversation that ensued, the defendant who got to know about the profession of Mr Kobia-Amanfi, who testified at the trial as the plaintiff, informed him about his plans to have some work done on some of his landed property. The plaintiff became interested. He told the plaintiff about his intention to have his workshop and offices at No 16, Ring Road South Industrial Area, Accra demolished and to build new block of offices in their place. Since it came to light that the defendant had misplaced his copies of drawings of the buildings he had submitted to the City Engineer’s Department for building permit, the plaintiff had to write to …

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