4 passages from 3 cases, grouped by point of law. Each passage is in the court's own words and links to the place in the judgment.
Open in the Research toolWhere parties contract with each other, in the absence of any vitiating factor, no court is permitted to interfere with the terms of the contract and to renegotiate its terms for any aggrieved party. Pacta sunct Servanda; agreements must be honoured.
C. A. LIMITED VRS ANOINTED STAR CONSTRUCTION & 2 ORS CIVIL APPEAL NO. J4/03/2022 [2026] SLR (SC) 36 · Supreme Court · 2026 · TANKO AMADU JSC
Read it in the judgmentIn the case of MIREKU & TETTEH (DECD), IN RE MIREKU & TETTE (DECD)[2011] I SCLR 520, this Court affirmed that it is not the duty of the Courts to make contracts for parties. Therefore, where the terms of the contract have been reduced into writing, the Court would interpret them to give effect to the intentions of the party.
C. A. LIMITED VRS ANOINTED STAR CONSTRUCTION & 2 ORS CIVIL APPEAL NO. J4/03/2022 [2026] SLR (SC) 36 · Supreme Court · 2026 · TANKO AMADU JSC
Read it in the judgmentIn concluding this delivery, let me state that, the judicial oath judges have sworn to uphold requires that justice is fairly administered without fear or favour even in situations where the State with all its robust apparatus is a party to a dispute. Courts are therefore enjoined to at all times, uphold the sanctity of all contracts, especially when the same have not been vitiated by fraud, duress, undue influence, illegality or such other vitiating factor.
MAERSK DRILLSHIP IV SINGAPORE PTE LTD. (SUING PER ITS LAWFUL ATTORNEY, JORGEN SCHAFFER) VS. THE COMMISSIONER GENERAL GHANA REVENUE AUTHORITY CIVIL APPEAL NO. J4/59/2024 [2025] SLR (SC) 7 · Supreme Court · 2025 · TANKO AMADU JSC
Read it in the judgmentNo party to a contract can vary its terms by unilateral action after the fact, and make the terms more onerous of performance than what was agreed upon.
EXPOM GHANA LIMITED vs. VANGUARD ASSURANCE COMPANY LTD. AND TM-STAR INSURANCE SERVICES LTD CIVIL APPEAL NO. J4/50/2021 [2022] SLR (SC) 3 · Supreme Court · 2022 · MENSA-BONSU JSC
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