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The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Abu v Intercontinental Homes Savings & Loans Plc (CA/L/613/2012)[2016] NGCA 19 (22 June 2016) (CA/L/613/2012) [2016] NGCA 19 (21 June 2016); 
CL Index Equitable Mortgage Mortgage, loans and bonds Property Law Implied Trust Equity and Trusts Non-Suit Civil RemediesThe parties concluded a loan agreement to facilitate the appellant’s purchase of immoveable property. The appellant provided 30% of the fee while the rest was covered by the loan amount. Upon purchase, the property was assigned to the respondent. When the appellant defaulted on payment, the respondent purported to sell the property in execution of the debt.
The appellant contested the legality of this recourse, arguing that the relationship between the parties was such that the respondent held the property in a trust, for her benefit as part-owner, and would do so until which time she had paid back the amount owing. The appellate court concurred with the trial judge that the parties’ transaction clearly amounted to an equitable mortgage – rather than an implied trust – and that the respondent could dispose of the property in execution of the debt without the appellant’s consent.
The trial court’s decision to non-suit the plaintiff/respondent was also upheld by the appellate bench, who considered the well-established criteria for such an award. As the plaintiff had not failed in toto to prove its case, the defendant was not in any event entitled to the court’s judgment and no injustice would be caused thereto by the order, the relevant factors were deemed satisfied.
The appeal was dismissed.
Odesanya v Registered Trustees of Deeper Christian Life Ministry (CA/L/1145/2011)[2016] NGCA 50 (5 May 2016) (CA/L/1145/2011) [2016] NGCA 50 (04 May 2016); CL Index Burden of Proof Evidence Law Unconscionable Equity and Trusts Conveyance Sale of real property Property Law Laches and Acquiescence Civil DefencesThis case concerns a vast tract of land which belongs to the Oloto Royal Family of Lagos, of whom the appellant is traditional monarch and head of family. The appellant sought to set aside a conveyance on the grounds that the deeds of conveyance were fraudulently executed. The court considered whether reliance on the presumptions raised in ss 123 and 150(1) Evidence Act (the act) was justifiable where the purported vendors did not sign the deeds. The court also considered whether the lower court was correct to have sustained the plea of laches and acquiescence against the appellant.
The court held the claimant bears the burden of proof for ownership of land. Further, in terms of s 150(1) of the act, when any judicial or official act is shown to have been done in a manner substantially regular, it is presumed that there was compliance with the formal requisites. The court held that in considering the doctrine of laches the plaintiffs must also consider acquiescence on the plaintiffs' part and any change of the position that has occurred on the defendant's part.
The court found that the respondents failed to tender the original copy of the conveyance containing the actual signatures of the vendors; therefore, reliance on s 123 and s 150(1) of the act is not justifiable. The court also found that the court of equity would come to the aid of the respondent and hold it unconscionable to uproot the respondent from the land.
Accordingly, the appeal succeeded in part, the court set aside the decision by the lower court that the conveyance documents are valid as per the Evidence Act.
Guaranty Trust Bank (GH) Ltd v Western Steel & Forgings Ltd and Others (J4/34/2016) [2017] GHASC 31 (31 May 2017); CL Index Estoppel Enforcement of contract Contract Law Promissory Estoppel Equity and TrustsIn this appeal, court determined whether the representations made by the respondents in their letter of 3rd October 2013 constituted promissory estoppels with regard to the auction that took place on 30th September 2013. The court noted that the principle of promissory estoppel relates to representations of future conduct and not past conduct and held that the principle was not applicable to the facts of the case. The court also determined whether the application was made out of time. The court applied the rule in Order 45 rule 10(1) of the High Court (Civil Procedure) Rules, 2004: that such an application should be made 21 days from the date of the sale. The appellant made the application on 8th November 2013 while the auction took place on the 30th September 2013. The court held that the application was incompetent since it was made out of time. Accordingly, the appeal was dismissed and the judgment of the court of appeal was affirmed.
Republic v High Court (Commercial Division) Sunyani and Another (Ruling) (J5/36/2016) [2016] GHASC 10 (03 November 2016); CL Index Winding Up of A Company Liquidation, insolvency and winding up Company Law Liquidation Liquidation, insolvency and winding up Company Law Equity Equity and TrustsThe applicants applied to the High Court to stay the proceedings in the case and to release the properties attached to them in order that they would add them to other assets of the company to be sold for all depositors of the company to be paid. The High Court however dismissed the application and applicants being aggrieved by the orders made by the court filed an application to the Supreme Court praying for an order of certiorari to quash the decision of the high court.
The main issue being the lawfulness of the grant of leave by the high court to applicants to proceed with their case after the winding up had commenced.
The court held that upon commencement of a winding up only secured creditors are allowed as of right to sue or continue with pending civil proceedings for the realization of their security. Any other person who has a cause of action against a company being wound up cannot sue as of right but may do so only with the prior leave of the high court. Similarly an unsecured creditor who has pending civil proceedings cannot continue with them without leave of the high court. So the applicants in this case who were not secured creditors were within their rights to apply for leave to continue with their case and the judge acted in accordance with law in granting same.
The court dismissed the application.