NII BORLABI-DIN BORKETEY NKPA & ANOR V. TRASACCO ESTATES DEV. CO. LTD.
(2023) JELR 112161 (HC)
High Court
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LD/0059/2015
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31 May 2023
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Ghana
Coram
K. A. GYIMAH, J
Appearances
TSATSU TSIKATA WITH DOE TSIKATA FOR PLAINTIFFS/ APPLICANTS.
ERNEST KUSI WITH CHARLES OKYERE KWAPONG FOR 1ST DEFENDANT/ RESPONDENT.
OPOKU-WARE BOATENG FOR 2ND DEFENDANT/ RESPONDENT.
Judgement
<p class="ql-align-center"><strong><u><span style="background-color: transparent">RULING</span></u></strong></p><p><strong><span style="background-color: transparent">Summary of plaintiffs’ application and arguments before the court</span></strong></p><p><span style="background-color: transparent">This is an application that has been brought by the plaintiffs praying the court for leave to amend the writ of summons and statement of claim by the amendment of relief (a) and the addition of some new reliefs to the reliefs endorsed on the writ of summons, the amendment of some paragraphs of the statement of claim and the addition of two new paragraphs namely paragraphs 23A and 23B to the statement of claim. The new reliefs the plaintiffs seek to add to the endorsement on the writ of summons are as follows:</span></p><p><em><span style="background-color: transparent">“(aa) A declaration that the public purposes for which land was compulsorily acquired by the Government of the Gold Coast under the Tema Town and Port (Acquisition of Land) Ordinance, 1952 expressed in the title of the Ordinance as ‘developing a new town and port at Tema and for purposes connected therewith’ did not extend to the purported lease of land by 2 defendant to 1 defendant by way of barter;</span></em></p><p><em><span style="background-color: transparent">(ab) The Ni…</span></em></p>