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ANDREWS KATTAH V. SHARDRACK LOMOKWEI

(2012) JELR 68072 (CA)

Court of Appeal  •  H1/86/2012  •  3 May 2012  •  Ghana

Coram
AKAMBA J.A. PRESIDING, MARIAMA OWUSU J.A, GYAESAYOR P.J.A

Judgement

AKAMBA, J.A: This is an appeal from the judgment of the High Court, Land Division Accra of 31st July 2009 entered against the defendant/appellant. The defendant/appellant (herein after simply appellant) who is aggrieved by the decision filed an appeal to this court.

The brief facts giving rise to this appeal are that the plaintiff/respondent (hereinafter simply respondent) by a writ of summons issued in the High Court on the 10th February 2007 claimed against the appellant for an order appointing a valuer to assess the economic rent payable for the use of the land from the 1st of June 1979 to date; an order for the 1st (defendant) appellant to pay to the respondent the assessed rent; recovery of possession of the said demised land from the appellant; mesne profits and damages for breach of the terms of the said lease.

The appellants denied that the respondents are entitled to their claim and counter-claimed for an order for specific performance of the agreement to pay the Lessors twenty…

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