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GHANA HIGHWAY AUTHORITY V. SAND AND STONE ASSOCIATION

(2010) JELR 66160 (CA)

Court of Appeal  •  CIVIL APPEAL NO. SUIT NO. HI/9/10  •  24 Mar 2010  •  Ghana

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

Judgement

JUDGMENT BY COURT:

On the 10-6-08, the High Court, Kumasi, gave judgment in this case and held that;

“Well I hereby dismiss the counterclaim of the defendant filed on 1-3-06.Judgment is entered for the plaintiff in respect of the two relief’s stated on the amended write of summons filed on the 5-9-05. Cost to the plaintiff is fixed at GH400”.

Dissatisfied with the decision of the court, the Defendant/ Appellant has filed the instant Appeal.

The Grounds of Appeal are as follows;

[1] The Trial Court erred when it held that, the offer letter issued by the Lands Commission to the plaintiff and which was not accepted by the plaintiff constitute a valid grant.

[2] The Trial Court erred by entering judgment for the plaintiff on its unproven claim.

[3] The Trial Court erroneously dismissed the defendant’s counterclaim when there was copious evidence on record to the effect that, the defendant was in possession of the land.

[4] The Trial Court erred by holding that, the land was acquired under the Roa…

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