PUMA ENERGY DISTRIBUTION GH. LTD V. MR. MARTIN DONKOR

JUDGMENT

INTRODUCTION

We have before us, an appeal from the Judgment of the High Court, Sunyani, dated 31st March 2020, wherein the trial Judge declared title to Plot 82A Block C Sector 3 Layout, Mim- Ahafo Region, in the Plaintiff but declined to order recovery of possession and award mesne profit, as claimed by the Plaintiff. Dissatisfied with part of this Judgment, the Plaintiff invoked the jurisdiction of this court by a Notice of Appeal filed on 12th June 2020. The Plaintiff/Appellant and Defendant/Respondent will hereafter be simply referred to as Plaintiff and Defendant, respectively.

BACKGROUND FACTS

As a private individual, the Defendant owned a fuel station and a Mart on his land, described as Plot 82A Block C Sector 3 Layout, Mim- Ahafo Region. He operated this fuel station under a dealership agreement with the Plaintiff, formerly known as UBI Petroleum Limited. The Defendant’s Mart & Company Limited defaulted on repayment of an Overdraft facility extended to it by Agricultural…