MARIAMA OWUSU, J.A:
On 25-7-2007, the High Court, Accra, dismissed the defendant’s counterclaim for specific performance of the contract entered into by the parties as having been frustrated. Judgment was entered in favour of the plaintiff for a declaration that the lease agreement between the parties in 1996 has been frustrated.
Dissatisfied with the decision of the trial court, the defendant appealed to the Court of Appeal on the following grounds:
[i] The learned trial judge’s holding that the contract between the Plaintiff and Defendant was frustrated by re-entry of the Lands Commission onto the disputed land was wrongful and not supportable in law. In resolving this issue in favour of the Plaintiff the court occasioned a miscarriage of justice to the Defendant’s case.
[ii] The learned trial judge erred in dismissing the Defendant’s counterclaim and upholding the Plaintiff’s alternative relief [b] claim particularly when the Plaintiff had by his own pleadings, evidence and ad…