BOULLION INDUSTRIES LTD
V.
DIZENGOFF GH. LTD.

(2004) JELR 69676 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/85/2004 ·  30 Apr 2004 ·  Ghana
CORAM
JULIUS ANSAH J.A. PRESIDING,. J.B. AKAMBA JUSTICE OF APPEAL,. HENRIETA ABBAN (MRS) JUSTICE OF APPEAL
Core Terms Beta
plaintiff
defendant
ovum services
party
trial judge
2nd april
raw materials
statement of claim
trial
additional ground
date of the said closure
learned trial judge
plaintiff's case
record of appeal
supreme court
weight of evidence
accra high court
aforementioned ovum services
award of costs
cost of raw materials
cross-examination
defendant appeals
dizengoff warehouse no
facts of the case
following grounds
following reliefs
high court
high court accra
importer of coumba spices
industrial premise
j. b. akamba
judgment of mrs. inkumsah-abban
last point of dispute
learned trial-judge
legal import of the purported grant
matter of discretion
mean time
name ovum service ltd.
occupation of a portion of the premises
order of the trial judge
part of the defendant
present matter
reason of the said closure
receipt of the record of proceedings
result of the sub lease
said premise
said premises
short trial
use of their machines
year grant

J. B. AKAMBA, J.A.

This appeal lies against the judgment of Mrs. Inkumsah-Abban, J. sitting at the Accra High Court on 24th January 2001.

The facts of the case as gleaned from the record of appeal are that both the Defendant/Appellant (hereinafter simply referred as the Defendant) and the Plaintiff/Respondent (hereinafter simply referred as the Plaintiff) are companies incorporated in Ghana with their respective principal places of business in Accra. The defendant owns an industrial premise at North Kaneshie Industrial Area known as Dizengoff Warehouse No 1, Accra. The plaintiff who is a manufacturer and importer of coumba spices occupies part of the defendant's aforesaid Dizengoff Warehouse No. 1 Accra, as a tenant of another company by the name Ovum Service Ltd. (hereinafter simply referred as Ovum Services).

It is apparent that in 1989 there was an agreement between the defendant and the aforementioned Ovum Services for the former to sell the premise to the latter subject to certain c…

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