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GHANA COTTON COMPANY LIMITED V. LAMASHE-NA ZIBLIM

(2022) JELR 112191 (CA)

Court of Appeal  •  H1/6/2022  •  24 Jun 2022  •  Ghana

Coram
V. D. OFOE, JA JANAPARE BARTELS-KODWO (MRS.), JA S. R. BERNASKO ESSAH (MRS.), JA

Appearances
K. Amofa-Agyemang Esq. for Plaintiff/Appellant Mohammed Alhassan Esq. for Defendant/Respondent

Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong>S. R. BERNASKO ESSAH (MRS.), J.A.</strong></p><p style="text-align: justify">This is an interlocutory appeal filed by the Plaintiff/Appellant, against a decision of the High Court dated 31st May 2021, refusing to grant an amendment to the Statement of Claim. </p><p style="text-align: justify">The background to the appeal may be summarized as follows:</p><p style="text-align: justify">The Plaintiff took out a Writ and accompanying Statement of Claim seeking certain reliefs against the Defendant as per endorsement on the Writ of Summons in respect of a piece of land subject matter of the dispute. In their Statement of Claim, they had traced their title to a lease granted them by the Lands Commission Tamale on the 18th of July 1997. In their Statement of Defence, the Defendants averred in paragraphs 12 and 13 that a defunct Board known as Bast Fibre Development Board had used the land in dispute and maintained a structure on part of the land which had been used as offices. They    averred that it was the land left by the defunct board which became vested in the Lamashegu skin that was purpor…</p>

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