FOSTER BOATENG
V.
OPPONG KAAKYIRE

(2010) JELR 63739 (CA)    
Court of Appeal  ·  NO. H1/20/2010 ·  28 May 2010 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A,IRENE C. DANQUAH (MS.) J.A
Core Terms Beta
appellant
respondent
plaintiff
counsel
trial judge
store rooms
exhibit
good will
evidence
structural changes
judge
promissory note
cross examination
trail judge
additional issues
approval of the city authorities
cost of gh
grounds of appeal
recovery of monthly rent
refund of rent advance
written document
act of the plaintiff
additional ground of appeal
approval of the defendant
brief background of this case
building consisting of store rooms
decision of the high court
defendant’s counter claim
end of the trial
favour of the plaintiff
following issues
following reliefs
further grounds of appeal
high court
instant appeal
judgment of the high court
oppong kaakyire of post office box
outstanding balance of the rent advance
paid goodwill
primary function of the appellate court
regional rent control office
respondent’s case
said changes
said conversion
said sum
special relationship
submissions counsel
supreme court
trial of this suit
x x x x of dw1

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…

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