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CRYSTAL CITY LIMITED
V.
BCM GHANA LIMITED

(2021) JELR 111174 (CA)

Court of Appeal 21 Jan 2021 Ghana
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- Plaintiff, Crystal City Ltd, sold a parcel of land to Defendant, a mining company, for USD 1.7 million; Defendant paid a deposit of USD 850,000 but withheld the balance following notice of adverse litigation (Capricorn suit) against the l

Case Details

Suit Number:H1/184/20
Judges:S. DZAMEFE, JA N. C. AGBEVOR JA P. BRIGHT MENSAH, JA
Counsel:ESI PRAH ENIN FOR THE DEFENDANT/APPELLANT EMMANUEL BRIGHT ATOKOH WITH GORDEN K. ATSYOR FOR THE PLAINTIFF/RESPONDENT
Location:Accra

JUDGMENT

DZAMEFE, JA

This is an appeal from the judgment of the High Court Land Division, Accra, dated the 14th day of December, 2014.

Plaintiff/respondent hereinafter referred to as plaintiff issued this writ against the defendant/appellant referred to as defendant for the following reliefs:

a. A declaration that the failure, refusal and/or neglect of the Defendant to pay The amount of US$850,000 to the plaintiff offend the terms of the contract between the parties and therefore constitute a breach of the contract between the parties.

b. A declaration that the claim to title to the disputed land without recognition of the right and interest of the plaintiff as its grantor constitute a denial of the right and title of the plaintiff.

c. An order for recovery of possession of the disputed land upon the plaintiff’s refund of the deposit of an amount of US$850,000.

d. An order directed at the Land Title Registry to cancel any certificate of Title issued to the Defendant in respect of the dispute…

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