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ASOMDWE HOUSE CO. LTD. V. KYEI YAMOAH PONKOH, ANDREW OKYERE, AMOAKO BLANKSON & 29 ORS.

(2019) JELR 64979 (CA)

Court of Appeal  •  CIVIL APPEAL NO.:H1/26/2019  •  30 Jul 2019  •  Ghana

Coram
OWUSU J.A. (PRESIDING), DZAMEFE J.A., WELBOURNE J.A.

Judgement

JUDGMENT

MARIAMA OWUSU, J.A.

On 24th June, 2016, the High Court, Land Division, Kumasi, entered judgment in favour of the plaintiffs and dismissed the defendant’s counterclaim.

In her judgment, the trial Judge held among other things that;

“After the consent judgment has been fully complied with and all the contributors are allotted shares in the limited liability company so formed, they will be entitled to dividends to be declared by the company until the consent judgment is complied with to the letter, the plaintiffs and for that matter all the contributors will have a legal right to remain on the property and operate the stores they occupy...”

Now, dissatisfied with the decision of the High Court, the defendant appealed to this court on the following grounds:

a. The honourable trial court erred when it misconstrued pre-finance of a construction project (stores) as amounting to ownership of the store(s)

b. The honourable court erred as it misconstrued and misapplied the well settled legal …

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