BIZZACO LIMITED
V.
ACCRA METROPOLITAN ASSEMBLY

(2018) JELR 65346 (CA)    
Court of Appeal  ·  CIVIL APPEAL: NO: H1/150/2018 ·  15 Nov 2018 ·  Ghana
CORAM
OWUSU J.A. (PRESIDING), LOVELACE-JOHNSON J.A., KWOFIE J.A.
Core Terms Beta
plaintiff
defendant
land
trial judge
government
appeal
counsel
lands commission
government land
disputed land
national security
public lands
accra metropolitan assembly
piece of land
writ of summons
agency of government
amount of gh
court of appeal
fraudulent misrepresentation
mariama owusu
reasonable grounds
statement of claim
temporary permit
view of counsel
weight of evidence
action of plaintiff
action of the plaintiff
aforesaid land
alienation of an immovable property
analysis of the second issue
brief background of the case
business operations
cost of gh
decision of the trial court
defendant’s erroneous claim
defendant’s grant
eighth edition
following grounds
greater accra region
high court
legal fees
material evidence
negligent misrepresentation
ownership of the subject matter land
plaintiff claims
reading of exhibit
scope of the sale of goods act
subject matter land
support of this appeal
trial court

MARIAMA OWUSU, J.A.:

On 5th of April, 2016, the High Court, Commercial Division, Accra, dismissed the action of the plaintiff against the defendant. In his judgment, the trial court held among others as follows:

“clearly then, alienation of an immovable property is not within the scope of The Sale of Goods Act. With the plaintiff having failed to prove that defendant misled it into coming unto the land, defendant cannot accordingly be held liable for the destruction to the property or investment made by the plaintiff and the latter has no cause of action against A.M.A. In the premises, it would be futile for the court to proceed to vet the bill of quantity submitted by PW1.

The action of plaintiff against A.M.A. is accordingly dismissed in its entirety. I will award cost of Gh¢6,000.00 against plaintiff.”

Dissatisfied with the decision of the trial court, the plaintiff mounted an appeal on the following grounds:

1. The judgment is not supported by the weight of evidence adduced at the tria…

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