TENASSA PHARMACEUTICAL & TRADING CO. LTD V. ISSAKA KOANDA

JUDGMENT

A. M. DORDZIE, J.A.

FACTS

The plaintiff/respondent herein was originally known as Asante Chemical Stores and was managed by one Mr. E. B Asante now deceased. I will hereinafter refer to the parties as plaintiff and defendant. The plaintiff through E.B Asante applied to Tema Development Corporation (TDC) and was allocated a commercial plot at Community 11 Tema for the construction of a pharmacy shop. TDC granted the plaintiff a lease of the property on 26th July1977 for 60 years. The lease was executed by Mr. E.B Asante. He submitted plans for the construction of the shop plaintiff acquired the land for and got approval from TDC. The plaintiff went into possession of the property and deposited materials on the land to commence development. E. B. Asante plaintiff’s managing director died and soon after that, the plaintiff discovered that the defendant had encroached upon the land and started putting up a dwelling house on the land. The defendant maintained Mr. E. B Asante of Asan…