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MAGNA TERRIS LTD V. BERTHOLD PAA JOE GADAGBUI

(2016) JELR 65416 (CA)

Court of Appeal  •  SUIT NO. H1/155/2016  •  15 Dec 2016  •  Ghana

Coram
GYAESAYOR JA (PRESIDING), K.N. ADUAMA OSEI JA, M.M. AGYEMANG (MRS) JA

Appearances
THERESA TABI & ELIKEM ASIAMAH FOR DEFENDANT/APPELLANT,NANA B. ADU POKU FOR PLAINTIFF/RESPONDENT

Judgement

JUDGMENT

AGYEMANG JA:

In this appeal from the decision of the High Court dated 2nd December 2015, the defendant/appellant (hereafter referred to as the appellant) seeks an order reversing the ruling of the court below which held that the plaintiff/respondent (hereafter referred to as the respondent) had the right to levy charges on the appellant.

The matters that have given rise to the present appeal are as follows:

The respondent in its suit at the court below described itself as a Ghanaian company engaged in the development and management of real estate. The appellant while denying that the respondent was a manager of real estate, acknowledged that the respondent was a developer of estates and that in or about August 2008 he entered into a contract with the respondent for the construction and sale to him of two properties at Kingsville, Oshiokpo-Dawhenya.

In a twist that is difficult to apprehend, the appellant to whom the duly constructed buildings: (46Ca and 46Cb at Kingsville Oshiokpo…

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