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DIKYI AND OTHERS V. AMEEN SANGARI INDUSTRIES LTD.

(1989) JELR 64291 (HC)

High Court  •  27 Jun 1989  •  Ghana

Coram
KPEGAH J.

Appearances
FRANK SAWYERR FOR THE PLAINTIFFS; C.M. CANN (WITH HIM EBOW QUASHIE) FOR THE DEFENDANTS.

Judgement

KPEGAH J.: This is a ruling on a submission of no case made by the defendants after the plaintiffs have closed their case. The ruling will involve a consideration of the scope and import of section 18 of the Conveyancing Decree, 1973 (N.R.C.D. 175). Despite the relative old age of N.R.C.D. 175, this appears to be the first time that a major action of this type is being brought to invoke the provisions of section 18 of N.R.C.D. 175. I assume, although they did not say so, the efforts of both counsel had not been able to bring out any decision by our courts on the provision. This assumption is based on the fact that no decided case on the section was brought to my notice by them; and my own efforts have revealed none. This ruling may therefore have some fascination but I am not sure if I will be able to adequately deal with the problem to satisfy expectations.

In this action, the plaintiffs are claiming a declaration that a lease dated 5 May 1975, and stamped in the Deeds Registry as No.…

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