BFT ENTERPRISE
V.
OBOTANTAM EBU EFFRIM X

(2010) JELR 69623 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: H1/19/2010 ·  15 Jul 2010 ·  Ghana
CORAM
KUSI-APPIAH JA-PRESIDING, MARFUL-SAU JA, HONYENUGA JA
Core Terms Beta
appellant
respondent
counsel
page
trial court
trial judge
grounds
record of appeal
remedy of rescission
statement of case
lease document
claims
companies act
fundamental issues
learned trial judge
notice of appeal
parcel of land
covenant of right
exhibit b
land commission
learned authors
misrepresentation of fact
principle of bonafide purchaser
said grounds
appellant’s original notice
appellant’s statement
award of damages
date of such contract
decision of the trial high court
effect of a misrepresentation
exhibits c
facts of the case
favour of the respondent
following terms
further states
grant of indemnity
incorporation expenses of its promoters
judgment of the court
judgment of the high court
lead credible evidence
leave of this court
orders of the trial court
records
respondent’s writ
subject of another lease
violation of rule
words of lord atkinson

JUDGMENT

MARFUL-SAU, JA: This appeal is taken from the judgment of the High Court (Commercial Division) dated the 6th of November 2007. The Defendant/Appellant (to be called Appellant) in his Notice of Appeal filed on 28th December 2007 formulated twelve (12) grounds and prayed that the Judgment and orders of the trial court be set aside.

Before I proceed further it is important to set the records straight regarding the grounds argued by learned Counsel for Appellant in his statement of case and the grounds contained in the Notice of Appeal. As observed Appellant’s original Notice of Appeal contained twelve (12) grounds. However in his statement of case filed on the 14th July 2009, learned Counsel for the Appellant, argued fourteen grounds praying this court to set aside the judgment of the court below. There is no evidence that Counsel sought the leave of this court to argue the additional two grounds. These two grounds were argued in the statement of case as grounds 12 and 14. When th…

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