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BILLY JANE (TADING UNDER THE NAME AND STYLE BILLY JANE ENTERPRISE) v. GOSSIP BEACH LIMITED

(2019) JELR 107044 (CA)

Court of Appeal  •  H1/140/2015  •  18 Jul 2019  •  Ghana

Coram
C. J. HONYENUGA, JA (PRESIDING). B. F. ACKAH-YENSU, JA. N. C. A. AGBEVOR, JA

Judgement

JUDGMENT

ACKAH-YENSU, JA

This is an appeal by the 1st Defendant/Appellant (hereinafter referred to simply as “Appellant”), against the decision of the High Court dated 8th January 2015, setting aside the order of interlocutory injunction granted by the same High Court differently constituted.

The facts of the case are fairly simple and generally uncontroverted.

The respective claims of the Parties herein are based on two (2) agreements that they executed for the lease, of two (2) properties situated at La and Nungua in Accra. The said agreements were subsequently re-negotiated and re-defined into a joint venture/partnership agreement with a profit sharing arrangement. Pursuant to the agreements, and with the cooperation of the Plaintiff/Respondent, (also to be referred to hereinafter simply as “Respondent”), Appellant acquired all the statutory permits to operate as a tourism enterprise and run the property as a business at the La Beach. In accordance with the agreement, the Appellant had…

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