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FOSTER BOATENG V. OPPONG KAAKYIRE

(2010) JELR 63739 (CA)

Court of Appeal  •  NO. H1/20/2010  •  28 May 2010  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A,IRENE C. DANQUAH (MS.) J.A

Judgement

On the 2-4-08, the High Court, Kumasi, entered judgment for the Plaintiff and dismissed the Defendant’s counter claim as being untenable. Agreed cost of GH¢1,000 was awarded in favour of the Plaintiff.

Dissatisfied with the decision of the High Court, the Defendant filed the instant appeal. The Grounds of Appeal are as follows;

[a] That the judge erred when he held that the amount of ¢300m paid to Defendant was rent advance and not “good will’.

[b] The judge erred when he held that, the Plaintiff vacated the four [4] store rooms, the subject matter of this dispute on 30th September 2005.

[c] The judge fell in error when he held that the structural changes the Plaintiff made to the premises were done with the knowledge, consent and approval of the Defendant.

[d] The judge erred when he held that, Plaintiff allegedly vacated the premises because the Defendant threatened his life.

[e] Further grounds of appeal to be filed on receipt of the record of proceedings.

The Reliefs sought from this cou…

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