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MECHANICAL LLOYD ASSEMBLY PLANT LTD V. NARTEY

(1988) JELR 68076 (SC)

Supreme Court  •  19 Jul 1988  •  Ghana

Coram
ADADE JSC,TAYLOR JSC,FRANCOIS JSC,WUAKU JSC,AMUA-SEKYI J.S.C.

Judgement

ADADE J.S.C.

This is an application by the defendants herein, Mechanical Lloyd Assembly Plant Ltd., asking this court to review its decision given on 19 May 1988 (see [1987-88] 2 G.L.R. 314, S.C.). In that decision the court gave judgment for the plaintiff (Francois and Amua Sekyi JJ.S.C. dissenting) for:

(a) a declaration of title to a piece of land at Frafraha;

(b) Recovery of possession of the said land;

(c) An injunction to restrain the defendants, e.t.c. from interfering with the land.

The court also awarded the plaintiff ¢200,000 damages, and gave him ¢50,000 costs in this court, and ¢25,000 each in the Court of Appeal and the High Court.

The defendants say that the judgment is wrong; it should be reviewed and reversed in their favour. As soon as arguments closed on 29 June 1988, I had no doubt in my own mind that this application must fail. I could immediately have pronounced my decision there and then, at best reserving my reasons. The more I listened to Mr. Joe Reindorf, counsel fo…

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