Damages in cedi equivalent of US$2,600,000 with interest dating back to 2010, has been awarded against the former Chief Executive Officer of the National Health Insurance Authority (NHIA), Dr Samuel Yaw Annor.
Dr Annor and his Company, Annor & Associates, are to pay the damages for breach of contract with the Veteran Administration of Ghana (VAG).
He was slapped with the damages by an Accra Land High Court, presided over by Justice Jennifer Anne Myers Ahmed, on Friday, 31 March, 2023.
The court, in its judgement set aside all agreements – Memorandum of Understanding reached in August 30, 2002 – the Deed of Assignment, April 4, 2004 – the Deed of Assignment July 7, 2006 and the entry of the Land Affidavit in July 28, 2010 – entered into by Dr Annor and VAG.
Justice Mrs Ahmed settled the case, which was initiated by Dream Reality against VAG, as first defendant, Annor & Associates (2nd defendant), Dr Samuel Yaw Annor (3rd defendant) and Independent Properties (4th defendant).
Dr Annor also has a major stake in Independent Properties (4th defendant), where his wife is a director.
While VAG was accused of failing to vacate the disputed land at Airport Commercial Area, after an agreement with Dr Annor to develop same into a shopping mall and penthouses, the court held that VAG was able to prove that Dr Annor rather failed to discharge his obligations under the agreement.
The court also concluded that the actions of Annor & Associates cannot be discounted as a face of Dr Annor, since the latter deceived the first defendant to part with the land and continue with the deceit by falling to inform VAG.
“The court, hereby, set aside assignment of the land, measuring 2.533 acres, to the fourth defendant (Independent Properties) and orders first defendant (VAG) to [take] possession of same,” the judge ruled.
The court further concluded that the plaintiff, Dream Reality Ghana, is an independent purchaser without value, therefore, would continue to hold the size of land measuring 5.89 metres.
Dream Reality was ordered by the court to engage VAG, Landlords and by which the court said its relief was granted in parts.
The plaintiff, however, was awarded cost of GH¢50,000 in favour of VAG.
Background
Dr Annor entered into an agreement with VAG in 2002 to develop their land into a shopping mall and penthouses to the benefit of ex-servicemen and women.
There were subsequent supplementary arraignments to concretise the agreement, for which Dr Annor was given an entry into the land in 2010.
Dr Annor later established Annor & Associates to act as an agent and sold a portion of the land to Dream Reality Ghana, a real estate developing company.
Similarly, Independent Properties was also assigned part of the land to develop it into hotel complex, all without the knowledge of VAG.
Hitherto, Dr Annor was supposed to pay VAG US$134,558.40 which he failed.
Meanwhile, Dr. Annor, under cross-examination testified that he sold the land to recoup his losses.
