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ADOLFMAT GOD’S WAY ACADEMY & MATILDA AMPONSAH
V.
ADOLF ADU GYAMFI & AKUA NKRUMAH

(2024) JELR 112379 (CA)

Court of Appeal 6 Jun 2024 Ghana
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Case Details

Suit Number:CIVIL APPEAL NO: H1/039/2024
Judges:ANGELINA MENSAH-HOMIAH (MRS.), JA (PRESIDING) ERIC BAAH, JA ALEX OWUSU-OFORI, JA
Counsel:ASAMOAH BAFFOUR OKYERE FOR THE PLAINTIFFS/APPELLANTS KWABENA ASANTE KROBEA WITH STEPHEN BOATENG, DR. JOSEPH KWAKU ASAMOAH FOR THE DEFENDANTS/RESPONDENTS.
Location:Kumasi

JUDGMENT

MENSAH-HOMIAH, J.A.

INTRODUCTION:

The High Court, Kumasi, by its judgment dated 21st December 2021 upheld the 2 defendant’s counterclaim for specific performance and dismissed the plaintiff’s claim for an order canceling the purported agreement between the defendants, among others. It is against this decision that the plaintiffs/appellants invoked our jurisdiction by their Notice of Appeal filed on 18th January 2022.

For ease of reference, in this appeal, the parties will be referred to by their designation at the court below.

THE FACTS

It is apposite to set out the matters which have given rise to this appeal. The plaintiffs caused a writ of summons to be filed at the High Court, Kumasi, on 3 April 2017, which they amended on 5 May 2017. In both the original and amended statement of claim, the 2 plaintiff described herself as a co-director of the 1 plaintiff school, a limited liability company registered under the laws of Ghana. These were the reliefs which the plaintiffs claimed …

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