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GROBOHAMA LIMITED V. SMART BINITIE SECARS HOTEL

(2003) JELR 63500 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 51/2001  •  27 Feb 2003  •  Ghana

Coram
OWUSU ANSAH J.A. (PRESIDING), ASARE KORANG J.A., G. M. QUAYE J.A

Appearances
JOSEPH KAPUNDE FOR ANTHONY NURVOR FOR APPELLANT, TONNY KULENDI WITH GEORGE ABORGAH FOR RESPONDENT

Judgement

ASARE KORANG, J.A.

The appellant alleges that he was induced to make certain agreements, documents and Indentures with the respondents by economic duress after he had entered into negotiation with the respondents to become business associates.

Thereafter the respondents submitted to the Chief Registrar of Lands one of the Indentures for registration of title.

When the appellant got to know of this he instructed his solicitor to write to the Chief Registrar of Lands to caveat the intended registration.

The Respondents then sued the appellant in the High Court claiming the following reliefs.

“(a) The sum of US Dollars 175,648.00 being money the defendant (appellant) owed the plaintiffs (respondents).

(b) Interest on the said sum at 10% per anum from 1st November, 2000 to the date of final payment.

(c) Costs.”

The appellant entered an appearance to the claim and filed a Statement of Defence and counter claim which he later amended.

The counter claim reads:

“(1) A Declaration that the Defendant (a…

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