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IMPERIAL HOMES LTD V. VICTORIA BRIGHT, RIVONIA LTD. AND LANDS COMMISSION

(2021) JELR 108980 (CA)

Court of Appeal  •  H1/114/2017  •  20 May 2021  •  Ghana

Coram
HENRY KWOFIE JA (PRESIDING), P. BRIGHT MENSAH JA, OBENG-MANU JNR. JA

Appearances
ELLEN ADOLEY AUGUSTT WITH MAAME BARNIE ADU AMOAH FOR PLAINTIFF/APPELLANT ELIJAH BONSU-TURKSON FOR 1ST DEFENDANT/RESPONDENT

Judgement

JUDGMENT

HENRY KWOFIE JA

This is an appeal by the plaintiff/appellant against the ruling of the High Court, Accra  dated the 4th of March 2016. The appeal resulted from a ruling of the High Court staying  proceedings in the suit before the trial High Court and referring same to the Court  connected ADR following an application by the 1st defendant/respondent before the  High Court for an order staying proceedings and referring the Suit to arbitration. 

The facts giving rise to this appeal are that on 3rd December, 2015 the plaintiff instituted  an action against the defendants/respondents claiming the following reliefs: 

a) A declaration that as beneficial joint owners of land known as Plot No. 86, Roman Ridge  Residential Area, the 1st defendant cannot sell the whole of the said land to the 2nd defendant  or any other party without the consent of the plaintiff. 
b) An order for Specific Performance of the Joint Venture Agreement dated 29th December  2014. 
c) A declaration that the 2nd def…

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