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FRANCIS DAMESI
V.
HUGH P. D. KWABLAH & ANOR

(2022) JELR 112264 (CA)

Court of Appeal 28 Apr 2022 Ghana
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- Plaintiff sought specific performance and an order for the transfer of 1.81 acres of land at Kpone Barrier, acquired from 1st Defendant, and for 2nd Defendant (Tema Development Corporation, TDC) to effectuate the transfer. - 1st Defendant

Case Details

Suit Number:H1/55/2020
Judges:M. Welbourne (Mrs), J.A. (Presiding) Bright Mensah, J.A. Adjei-Frimpong, J.A.
Counsel:Modesta Kpodavia for Plaintiff/Respondent. Asuman Adu for 2nd Defendant. David Bondorin for 1st Defendant/Appellant.
Location:Accra

JUDGMENT

WELBOURNE, J.A: This is an appeal against the judgment of the High Court dated 10th July 2018.  The judgment of the court spanned from pages 183-214 of the record of appeal. The Notice of Appeal can be found at pages 216-217. In this appeal the Parties will maintain their descriptions as in the court below. The Record of Appeal will be referred to as the record.

The Brief Facts

The facts of this case which has cumulated into the instant appeal as gleaned from the pleadings of the parties are as follows:

The Plaintiff claimed for specific performance directed at the 1st Defendant to prepare the transfer documents covering two acres of land situate at Kpone Barrier to Plaintiff and an order directed at the 2nd Defendant to transfer the plots of land into the name of Plaintiff.

The Plaintiff resides in Ashaiman, Lebanon. The 1st Defendant resides at Community 10, Tema and the 2nd Defendant is a statutory body dealing in housing.

In 2002, the Plaintiff paid Sixteen Million cedis (Ghȼ1,…

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