F. N. OPPONG & COMPANY LTD.
V.
SETHI MANUFACTURING COMPANY LTD., NANA ADU MENSAH ASARE AND THE LANDS COMMISSION

(2017) JELR 69896 (CA)    
Court of Appeal  ·  SUIT NO: H1/06/2017 ·  30 Nov 2017 ·  Ghana
CORAM
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.
Core Terms Beta
company
appellant counsel
e.n. poku
osei kwame addai
power of attorney
donovan addai
trial judge
learned trial judge
body corporate
e.n. poku esq
managing director of the appellant company
mr. egyir-yaw
record of appeal
united states of america
appellant company
appellant’s counsel
authority of the plaintiff company
binding contract
case of the appellant
contract of sale
directors of the company
exhibit enp3
good reason
jurisdiction of the court
appellant’s shareholders
court case
director of the plaintiff company
essence of the application
first affidavit
following claims
function of rehearing
honourable court
interest of the company
managing director of the appellant
managing director of the respondent company
mandatory provisions of the companies act
nigel egyir
occupation of the said land
orders of the court
respondent’s lawyer
ruling of the trial judge
said exhibit enp3
said osei kwame addai
said plots of land
set aside
such act
support of this application
traditional authorities

JUDGMENT

TORKORNOO (MRS), J.A.

On 8th January 2015, the Appellant Company commenced this action against three Defendants for the following claims:

1. A declaration that there is no binding contract between the Plaintiff and the 1st Defendant from the sale of Plot Nos. 16 and 20 Block A’ Asokwa Industrial Area, Kumasi.

2. Further or in the alternative a declaration that the Plaintiff was and is entitled to withdraw from the transaction to sell the said plots of land to the 1st Defendant.

3. A declaration that the 2nd Defendant has no right to demand and/or collect money from the Plaintiff as it is the office of the Administrator of Stool Lands which has the right under the constitution to do so, and that any such act is null and void and of no effect.

4. An order for the return of the GH¢1,200,000.00 to the 1st Defendant.

5. An order for recovery of possession.

6. An injunction to restrain the 1st Defendant whether by itself, its servants or agents or otherwise, howsoever from entering or rema…

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