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CO-OPERATIVE TRANSPORT SOCIETY LTD V. GHANA PRIVATE ROAD TRANSPORT UNION

(2017) JELR 65044 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/127/2016  •  16 Mar 2017  •  Ghana

Coram
OFOE JA (PRESIDING), KORBIEH JA, CECILIA H. SOWAH (MRS) J.A.

Judgement

JUDGMENT

F.G. KORBIEH, J.A.

The plaintiff/appellant herein filed a writ in the Tema High Court asking for the following reliefs:

a) A declaration that the loading space at the Motorway roundabout directly opposite that of the defendant herein belongs to the plaintiff by virtue of the permit granted to it by TMA dated 15th January, 2002.

b) Perpetual injunction restraining the defendant herein, its agents, privies and assigns from interfering with the business of loading cars and vehicles by the plaintiff at the space granted to it by the TMA.

c) Costs.

The plaintiff later amended the writ of summons to include an alternative relief which was couched as follows:

Or in the alternative a declaration that subject to compliance with the regulations and/or guidelines of the Tema Metropolitan Assembly, members of the plaintiff society are entitled to operate their transport business from the loading space at the Motorway Roundabout directly opposite that of the defendant by virtue of the permit gra…

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