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WEST AFRICA QUARRY LTD. V. GODFRED SUMABE AND 3 OTHERS

(2018) JELR 64937 (CA)

Court of Appeal  •  CIVIL APPEAL NO. HI/5/2018  •  18 Jan 2018  •  Ghana

Coram
KUSI-APPIAH JA (PRESIDING), HONYENUGA JA, KWOFIE JA

Judgement

HONYENUGA, JA

This appeal is against the Ruling of the High Court (Commercial Division), Accra dated the 24th day of January, 2017. In the said ruling, the High Court dismissed the 1st and 2nd defendants/appellants application to attach the properties of the plaintiff/respondents and its Directors for non-payment of the Judgment debt dated the 31st day of July 2015. In this appeal, the 1st and 2nd defendants/appellants would be simply referred to as the appellants and the plaintiff/respondent and the Directors as the respondents.

The facts of this appeal may be stated as that the respondent initiated an action against the appellants and others at the High Court, Commercial Division, Accra claiming inter alia an injunction to restrain them from interfering with the respondent’s quiet possession of the concession and quarry to mine limestone/dolomitic limestone, and refund of GH¢2.3million. The appellants among others counterclaimed, claiming recovery of GH¢1,829,650.00 being outstanding …

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