ERIC KOFI BOATENG
V.
KWADWO OPOKU AND KOFI BASOAH

(2021) JELR 108973 (CA)

Court of Appeal · H1/49/2021 · 27 May 2021 · Ghana

CORAM

ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING), ALEX B. POKU ACHEAMPONG, J A, SAMUEL K. A. ASIEDU J A

Ratio Decidendi

Core Terms ^Beta

defendant

appellant

plaintiffs

court

grounds of appeal

appeal

notice of appeal

trial judge

additional grounds

statement of claim

supreme court

trial court

additional grounds of appeal

appellate court

instant appeal

leave of the court

completion of the ground floor

members of the plaintiffs

respondents’ family

unenforceable provision

abuse of court process

abuse of the court

back of these grounds of appeal

basis of the submission

breach of the agreement

breach of the contract

case of the plaintiffs

claims of the plaintiffs

conclusions of the trial judge

construction of the ground floor stores

court hold

date of the judgment

documentary evidence

duty of an appellate court

entire record of appeal

expiration of the said term

following issues

full trial

high court

host of other cases

illegal portion

illegal way

judgment of the high court

public policy

said property

uk visas

written submission of his case

JUDGMENT

DOMAKYAAREH (MRS.), JA

[1] We have before the court, an appeal against the judgment of the High Court, Commercial Division, Kumasi dated 24th January, 2019. The Plaintiffs/Respondents instituted the action at the trial Court on 30th May 2017 against the Defendant/Appellant herein, claiming the following reliefs:

a. Recovery of the land as well as the building thereon known as House No. Block 39, Plot 1, Ahodwo – Kumasi

b. An order from the Honourable Court directing the Defendant to render accounts on the said property

c. General damages for breach of the Agreement between the parties and the lease Agreement of 18th August,1999

d. Costs including lawyer’s fees.

Facts:

[2] In the Statement of Claim accompanying the Writ of Summons, the Plaintiffs/Respondents averred that they were beneficial interest owners of the property known as House No. Block 39, Plot 1, Ahodwo, Kumasi while the Defendant/Appellant is a Contractor based in Kumasi. The Plaintiffs/Respondents ave…

ERIC KOFI BOATENG V. KWADWO OPOKU AND KOFI BASOAH

JUDGMENT

ERIC KOFI BOATENG
V.
KWADWO OPOKU AND KOFI BASOAH