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F. N. OPPONG & COMPANY LTD. V. SETHI MANUFACTURING COMPANY LTD., NANA ADU MENSAH ASARE AND THE LANDS COMMISSION

(2017) JELR 69896 (CA)

Court of Appeal  •  SUIT NO: H1/06/2017  •  30 Nov 2017  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.

Appearances
SEAN POKU COUNSEL FOR PLAINTIFF /APPELLANT ,GODWIN ADJEI GYAMFI COUNSEL FOR DEFENDANTS /RESPONDENTS

Judgement

JUDGMENT

TORKORNOO (MRS), J.A.

On 8th January 2015, the Appellant Company commenced this action against three Defendants for the following claims:

1. A declaration that there is no binding contract between the Plaintiff and the 1st Defendant from the sale of Plot Nos. 16 and 20 Block A’ Asokwa Industrial Area, Kumasi.

2. Further or in the alternative a declaration that the Plaintiff was and is entitled to withdraw from the transaction to sell the said plots of land to the 1st Defendant.

3. A declaration that the 2nd Defendant has no right to demand and/or collect money from the Plaintiff as it is the office of the Administrator of Stool Lands which has the right under the constitution to do so, and that any such act is null and void and of no effect.

4. An order for the return of the GH¢1,200,000.00 to the 1st Defendant.

5. An order for recovery of possession.

6. An injunction to restrain the 1st Defendant whether by itself, its servants or agents or otherwise, howsoever from entering or rema…

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