GHANA HIGHWAY AUTHORITY V. SAND AND STONE ASSOCIATION
(2010) JELR 66160 (CA)
Court of Appeal
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CIVIL APPEAL NO. SUIT NO. HI/9/10
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24 Mar 2010
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Ghana
Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE CHARITY DANQUAH (MS) J.A
Appearances
YAW BOAFO ESQ COUNSEL FOR THE PLAINTIFF/RESPONDENT,SIR DENNIS ADJEI ESQ. COUNSEL FOR THE DEFENDANT/APPELLANT
Judgement
<p style="text-align: justify;">JUDGMENT BY COURT:</p><p style="text-align: justify;">On the 10-6-08, the High Court, Kumasi, gave judgment in this case and held that;</p><p style="text-align: justify;"><em>“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”.</em></p><p style="text-align: justify;">Dissatisfied with the decision of the court, the Defendant/ Appellant has filed the instant Appeal.</p><p style="text-align: justify;">The Grounds of Appeal are as follows;</p><p style="text-align: justify;">[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.</p><p style="text-align: justify;">[2] The Trial Court erred by entering judgment for the plaintiff on its unproven claim.</p><p style="text-align: justify;">[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.</p><p style="text-align: justify;">[4] The Trial Court erred by holding that, the land was acquired under the Roa…</p>