Customer Support

FOSTER BOATENG
V.
OPPONG KAAKYIRE

(2010) JELR 63739 (CA)

Court of Appeal 28 May 2010 Ghana
BriefBot icon

BriefBot Summary

Free

- The High Court entered judgment for the Plaintiff and dismissed the Defendant's counterclaim. - The Defendant filed an appeal, citing several grounds of appeal. - The Plaintiff claimed a refund of rent advance and expenses for converting

Case Details

Suit Number:NO. H1/20/2010
Judges:MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A,IRENE C. DANQUAH (MS.) J.A

On the 2-4-08, the High Court, Kumasi, entered judgment for the Plaintiff and dismissed the Defendant’s counter claim as being untenable. Agreed cost of GH¢1,000 was awarded in favour of the Plaintiff.

Dissatisfied with the decision of the High Court, the Defendant filed the instant appeal. The Grounds of Appeal are as follows;

[a] That the judge erred when he held that the amount of ¢300m paid to Defendant was rent advance and not “good will’.

[b] The judge erred when he held that, the Plaintiff vacated the four [4] store rooms, the subject matter of this dispute on 30th September 2005.

[c] The judge fell in error when he held that the structural changes the Plaintiff made to the premises were done with the knowledge, consent and approval of the Defendant.

[d] The judge erred when he held that, Plaintiff allegedly vacated the premises because the Defendant threatened his life.

[e] Further grounds of appeal to be filed on receipt of the record of proceedings.

The Reliefs sought from this cou…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.