KOFI KYEI YAMOAH-PONKOH
V.
ASOMDWE HOUSE CO. LTD

(2021) JELR 109026 (SC)    
Supreme Court  ·  J4/35/2020 ·  26 May 2021 ·  Ghana
CORAM
DOTSE JSC (PRESIDING), PWAMANG JSC, DORDZIE (MRS.) JSC, PROF. MENSA BONSU (MRS.) JSC, KULENDI JSC
Core Terms Beta
defendant-appellants
court
appeal
case
supreme court
constructive trust
trial court
court of appeal
gabat co ltd
high court
new company
weight of evidence
mutual mistake
second appellate court
appellate court
grounds of appeal
honourable court
statement of claim
tenancy agreements
instant appeal
gabbat co ltd.
group of traders
decision of the trial court
defendant-appellant
learned authors
lordships of the court of appeal
substantive grounds of appeal
classic case of another form
concurrent findings of the high court
defendant-appellant company
defendant-company
following circumstances
inherent right
name of this company
new legal ground
new replacing organization
real state of affairs
rules of evidence
said agreement
set aside

JUDGMENT 

PROF. MENSA-BONSU (MRS.) JSC:- 

This is an appeal arising out of a case that has produced a multiplicity of suits. It arose  out of a desire by a group of traders to regularize their stay on land and to formalize the  acquisition of same, to create permanent structures for themselves.  

BACKGROUND AND FACTS 

Sometime in 1998, a group of traders and artisans plying their trade from kiosks they had  erected on land belonging to a School, St Joseph’s Catholic Junior High School, approached the school and church authorities to regularize their stay. Following  consultations between Kumasi Metropolitan Authority and the school, the traders were  granted permission to remain on condition that they would build a bungalow to house  the Headmaster; improve the School’s playing field; and build a Fence wall for the  school. The group agreed, and proceeded to satisfy the conditions. In order to build their  shops, they decided to levy themselves fixed sums of money to raise the needed fund…

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