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WILLIAM ASHITEY ARMAH V. HYDRAFOAM ESTATES (GH) LTD

(2014) JELR 68674 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/33/2013  •  28 May 2014  •  Ghana

Coram
J. V. M. DOTSE JSC (PRESIDING), ANIN YEBOAH JSC, P. BAFFOE-BONNIE JSC, N. S. GBADEGBE JSC, A. A. BENIN JSC

Judgement

JUDGMENT

BENIN JSC

In or about the year 1997, the plaintiff/respondent/appellant, hereinafter called the appellant, sold a tract of land situate at a place called Okpoi Gonno in Accra, measuring 16.08 acres to the defendant/appellant/respondent, hereinafter called the respondent. The appellant claimed the land consisted of sixty-four plots but according to the respondent it comprised just twenty-two plots. The parties agree that the respondent paid for twenty-two plots of land at an agreed fee of two million old cedis per plot. Thus according to the appellant forty-two plots still remained unpaid for, whereas the respondent’s contention was that since the land sold comprised twenty-two plots excluding the open spaces and a school site set aside by the city planning authorities they had fully paid for the land. This was the state of the pleadings. The appellant issued the writ of summons on 12th April 2007 seeking the following reliefs against the respondent:

1. An order for the recovery …

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