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NANA KWADWO GYASI COMPANY LTD. SUAME-KUMASI V. SAND & STONE CONTRACTORS ASSOCIATION

(2016) JELR 66242 (CA)

Court of Appeal  •  SUIT NO.: H1/27/2016  •  11 Apr 2016  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO J. A., DOMAKYAAREH J. A.

Appearances
KWASI AFRIFA FOR APPELLANT,VIVIAN MFODWAA-GYAN FOR RESPONDENT

Judgement

TORKORNOO, J.A.

The Plaintiff/Respondent (hereinafter referred to as the Respondent) sued the Sand and Stone Contractor’s Association per the Chairman, Tanoso –Branch for:

a. The recovery of the sum of Two Hundred and Ten Thousand Ghana Cedis (GH¢210,000) being the balance due to the Respondent from the Defendant which said amount the Defendant’s representative collected from the Respondent under the pretext of selling a parcel of land to the Respondent at Tanoso, Kumasi which said land was eventually found not be belong to the Defendant.

b. Interest on the said amount from 10th January, 2013 to the date of final payment.

The endorsed Defendant/Appellant (hereinafter referred to as Appellant) entered conditional appearance and contested the jurisdiction of the commercial court as a proper forum for the resolution of the case set out by the Respondent. According to the Appellant, the suit was a land dispute that had been dressed up as a commercial claim. On 28th April 2014, the trial judge…

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