C.F.C. CONSTRUCTIONS COMPANY
V.
THE REGISTERED TRUSTEES TESANO SPORTS CLUB

(2018) JELR 69724 (CA)    
Court of Appeal  ·  SUIT NO: H1/100/2018 ·  24 May 2018 ·  Ghana
CORAM
SAMUEL MARFUL SAU (J.A) PRESIDING, AVRIL LOVELACE-JOHNSON (J.A), AND HENRY A. KWOFIE (J.A)
Core Terms Beta
jurisdiction
defendants
appeal
trial court
high court
grounds of appeal
high court judge
supreme court
rules of court
court of appeal rules ci
district court
favour of the plaintiffs
judgment of the high court
jurisdictional issue
lower courts
present appeal
present writ
substantive suit
background of this case
court’s rules
criminal cases
defendant hereafter
determination of the trial court
district courts
following circumstances
following definition
following reliefs
further grounds
ground counsel
high court’s finding
honourable court
inter alia
interested parties
interlocutory matter
judgment of the district court
legal dictionary words
legal effect
long lease
magistrate’s interlocutory decision
powers of court hearing appeal states
receipt of the record of appeal
relevant finding of fact
rules
ruling of the district court
such further grounds
such further order
virtue of the agreement

JUDGMENT

AVRIL LOVELACE-JOHNSON JA:

This is an appeal against the judgment of the High Court dated 19th October 2016 by which it dismissed the Defendants/Appellant’s (Defendant hereafter) appeal against the judgment of the District Court given in favour of the Plaintiffs/Respondents (Plaintiffs hereafter).

The background of this case as is relevant to the present appeal can be summarized as follows.

The Plaintiffs who had a long lease on a piece of land put up the Tesano sports club on a portion and sub leased it to the Defendants on 26th April 1971. In or about September 2011, the Plaintiffs offered the Defendants the opportunity to purchase the club. The offer was rejected. Plaintiffs thereafter wrote to the Defendants and asked them to bring their activities to a close in the light of their intention to offer the property to other interested parties. They followed this up with a letter giving one year’s notice of their intention to terminate the lease. They issued the present writ in t…

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