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JOSEPH V. FARISCO (GHANA) LTD.

(1990) JELR 65839 (CA)

Court of Appeal  •  20 Jul 1990  •  Ghana

Coram
AMPIAH JA, ESSIEM JA, AMUAH JJ.A.

Appearances
NANA AKUFO-ADDO (WITH HIM LUTTERODT) FOR THE APPELLANT; JOHNNY HANSON FOR THE RESPONDENT.

Judgement

AMPIAH J.A.

This is an appeal from the decision of the High Court, Accra dismissing the plaintiff’s claim for recovery of possession of some shop rooms and offices in house No D. 546/4, popularly known as Pasico House at Liberty Avenue, Accra against the first defendant, the respondent in this appeal. The plaintiff’s claims for damages for loss of use and general damages were also dismissed. The plaintiff however obtained judgment against the second and the third defendants in that same case for recovery of possession. These defendants have not appealed.

By an agreement dated 31 May 1973 and registered as No. 1216/73, the first defendant (hereinafter referred to as the respondent) entered into a tenancy arrangement with Paterson Simons (Ghana) Ltd. in respect of the house the subject matter of the plaintiff’s claim. By a resolution of the company dated 11 June 1976, Paterson Simons (Ghana) Ltd. changed its name to Pasico (Ghana) Ltd. It then sold its interest in the house to the plainti…

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