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F. N. OPPONG & CO. LTD.
V.
SETHI MANUFACTURING CO. LTD. & 2 ORS

(2016) JELR 69858 (CA)

Court of Appeal 19 Jul 2016 Ghana
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Case Details

Suit Number:SUIT NO: H3/49/2016
Judges:AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J
Counsel:E. N. POKU FOR PLAINTIFFS/APPLICANT. JAMES MARSHALL BELIEB FOR DEFENDANT/ RESPONDENT.
Location:Kumasi

RULING

TORKORNOO (MRS), J.A.

The Plaintiff/Appellant/Applicant (hereinafter referred to as Applicant), commenced an action in the High Court on 8th January 2015 alleging in its statement of claim that in March 2013, the 1st Respondent had expressed interest in buying the Applicant’s interest in its two plots of land situate in Asokwa. The Applicant believed its interest to be subsisting until May 2060. However, during the negotiations, the 1st Respondent managed to produce a search report purporting to have come from the 3rd Respondent which indicated that the Applicant’s lease had already expired in 2011.

Then acting with shareholders of the Applicant, the 1st Respondent signed a Memorandum of Understanding prepared by the 1st Respondent to the effect that, as part of the amount agreed between one Mr. Nigel Egyir Yaw and Mr. C S Sethi towards the Applicant’s property, the 1st Respondent would pay GH¢200,000 to the 1st Respondent’s own lawyer and 1 million Ghana cedis the 2nd Respondent …

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