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CHOU SEN LIN V. TONADO ENTERPRISES LTD , T. A. ASIAMAH

(2007) JELR 68410 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/30/2006  •  31 Oct 2007  •  Ghana

Coram
MISS AKUFFO J.S.C.(PRESIDIDNG), BROBBEY J.S.C., DR. DATE-BAH J.S.C., ANSAH J.S.C., MRS. ADINYIRA J.S.C.

Judgement

JUDGMENT

BROBBEY, J.S.C.: This is an appeal from the decision of the Court of Appeal which had allowed an earlier appeal from the judgment of the Circuit Court at Tema. The whole case concerned a piece of land situated at Tema.

The facts which gave rise to the litigation were as follows: The land in dispute belonged to the Tema Development Corporation, hereinafter referred to as the TDC. The evidence on record showed that it was leased to W. C. Tandoh of West Coast Dying Industries Ltd. He rented it to the respondent who shall hereafter be referred to as the plaintiff. He later sold his interest in the land to the plaintiff. The plaintiff then proceeded to register it at the Lands Commission. The interest of Tandoh dated from 1st August 1974. Therefore, his interest which he sold to the plaintiff was dated from the same 1st August 1974.

The land sold to the plaintiff consisted of three plots which were numbered as LI 1, 2 and 3. The plaintiff put up factories on two plots, leaving the th…

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