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.

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 (…

GROBOHAMA LIMITED V. SMART BINITIE SECARS HOTEL

GROBOHAMA LIMITED
V.
SMART BINITIE SECARS HOTEL