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VICTORIA ANNANG V. EMOHO TRADING GHANA LTD. & 4 OTHERS

(2017) JELR 65047 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/65/2017  •  1 Jun 2017  •  Ghana

Coram
KUSI-APPIAH J.A.-(PRESIDING), DZAMEFE J.A., ACKAH-YENSU (MS.) J.A.

Judgement

JUDGMENT

KUSI-APPIAH, J.A.: This is an appeal against the judgment of the High Court (Land Division) Accra, dated 1st November, 2013 in favour of the plaintiff/respondent (hereinafter referred to as Plaintiff) against the defendants/appellants (hereinafter referred to as the Defendants).

By her amended writ of summons, the plaintiff claimed against the defendants for:

“(a) Declaration that registered lease no. 350/1970 between Shahin and Anim-Addo was made in breach of clause 2(d) of the lease dated 20th February, 1968 between the late E. O. Annang and the late Shahin and is therefore null and void.

(b) An order cancelling registered lease number 939/1968 and 419/1970 for breach of covenant therein.

(c) An order cancelling registered lease no. 350/1970 as having been obtained in breach of covenant in registered lease no. 939/1968 and on ground of fraud.

(d) Recovery of possession.

(e) Damages for trespass.”

The facts giving rise to this action are very simple. In her statement of claim, the …

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