GROBOHAMA LIMITED
V.
SMART BINITIE SECARS HOTEL

(2003) JELR 63500 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 51/2001 ·  27 Feb 2003 ·  Ghana
CORAM
OWUSU ANSAH J.A. (PRESIDING), ASARE KORANG J.A., G. M. QUAYE J.A
Core Terms Beta
appellant
respondents
counsel
court
order
application
chief registrar of lands
high court judge
interlocutory injunction
plaintiffs
appellant's motion
counter claim
defendant
agreements
high court
interest
interest of the plaintiff
learned judge
order of interlocutory injunction
parties
validity of the deed of assignment
alternative damages
alternative register
appeal record
asare korang
awkward situation
bounds of the invitation
chief registrar
claim
co-defendant
deed of assignment of the respondents
end of the suit
further order
interested parties
interest of both parties
interests of the respondents
land title registry
learned high court judge
motion of notice
outcome of the winning party
part of the plaintiff
part of the plaintiffs
registration of title
respect of the deed of assignment
rules of court
said assignment
said sum
sole ground of appeal
sum of us dollars
vacation judge

ASARE KORANG, J.A.:

The appellant alleges that he was induced to make certain agreements, documents and Indentures with the respondents by economic duress after he had entered into negotiation with the respondents to become business associates.

Thereafter the respondents submitted to the Chief Registrar of Lands one of the Indentures for registration of title.

When the appellant got to know of this he instructed his solicitor to write to the Chief Registrar of Lands to caveat the intended registration.

The Respondents then sued the appellant in the High Court claiming the following reliefs.

“(a) The sum of US Dollars 175,648.00 being money the defendant (appellant) owed the plaintiffs (respondents).

(b) Interest on the said sum at 10% per anum from 1st November, 2000 to the date of final payment.

(c) Costs.”

The appellant entered an appearance to the claim and filed a Statement of Defence and counter claim which he later amended.

The counter claim reads:

“(1) A Declaration that the Defendant (…

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