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THE DENYASE STOOL V. NOBLE DREAM MICROFINANCE LIMITED

(2016) JELR 66466 (HC)

High Court  •  SUIT NO.BFS/604/14  •  29 Nov 2016  •  Ghana

Coram
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Appearances
WILLIAM KUSI FOR PLAINTIFF; KWASI ADU MANTEY FOR DEFENDANT.

Judgement

JUDGMENT

In this suit, the plaintiff, which is the Denyase Stool, per its occupant Nana Owusu Adueni III has invited this court to do two things namely: (i) to terminate the agreement between the parties as same has been breached by the Defendant and (ii) to revert interest in the land in issue to the Plaintiff.

The Plaintiff' s case appears quite simple and straight forward on the face of it but indeed it is in a class of its own. It is that on or about February, 2013, the Denyasi stool acting per its occupant entered into an agreement with the Defendant for the sale of one hundred (100) acres of land for a total consideration of GH¢ 460,000.00. After using GH¢ 160,000.00 out of this sum to compensate farmers on the land, the defendant allegedly convinced the plaintiff to invest the balance of GH¢ 300.00 in its micro finance business. It is the Plaintiff's case that after the maturity period, the Defendant failed to re-pay the sum of GH¢ of GH¢ 362, 605.17 which had become due, and has…

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