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AMBROSE DANSO-DAPAAH V. FALCON CREST INVESTMENT & 3 ORS

(2015) JELR 110472 (CA)

Court of Appeal  •  H1/182/14  •  26 Feb 2015  •  Ghana

Coram
M. OWUSU, JA (PRESIDING) KORBIEH, JA DZAMEFE, JA

Appearances
Mr. Kwame Fosu-Gyeabour for Claimant/Appellants Mr. Kwame Boafo Akuffo for Plaintiff/Respondent

Judgement

JUDGMENT 

DZAMEFE, JA

This is an appeal against the judgment of the High Court, dated 24th October, 2012. The plaintiff in that suit claimed against the defendants for the following reliefs:

1. The sum of Ninety-One Thousand, Two Hundred and Six Ghana Cedis, Eighty Pesewas (Gh¢91,200.00) being the total debt due and owing by the defendant to the plaintiff.

2. Interest on the said amount or the agreed rate of 4.5% per month on the principal sum from November 2008 continuing and till the date of final judgment.

3. An order of Judicial Sale of the assets of the defendants in favour of the plaintiff.

4. costs

The brief facts of the case before the High Court was that in April 2007, the plaintiff hereinafter  referred to as the plaintiff/respondent was informed about the offer of sale of serviced plots by the  1st defendant company for the development of a first class community to be known as “Suncity Shai Hills”.  Though the land was not serviced as advertised, the respondent, upon the assurance…

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