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KWAKU AHAMAH
V.
PANDIT ADU

JELR 85465 (SC)

Supreme Court Ghana
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Case Details

Judges:ATUGUBA, JSC., AKUFFO, JSC., BROBBEY, J.S.C., DATE-BAH, J.S.C.,ASIAMAH, J.S.C.
Counsel:Mr. Ayi Adjavon for Appellant Mr. AntHONY Forson, Jnr for Respondent
Other Citations:[2007] GLR

JUDGMENT

ATUGUBA, J.S.C. In this case the Plaintiff/Respondent/Respondent hereinafter referred to as the Plaintiff sued the Defendant/Appellant/Appellant in the High Court, Accra for the following reliefs:

"a) Declarations that the oral agreement between him and the defendant was void and confers no title on the Defendants.

b) A perpetual injunction order against the Defendant and his agents or any other person claiming through him.

c) Alternatively, a declaration that the Plaintiff is not entitled to a sub-lease from the Plaintiff because the transaction and events that led to the signing of memoranda between them was vitiated by fraud, mistake and duress.

d) Damages for fraud.

e) Order for the sale of the structures built on the plaintiff's land."

The trial judge gave judgment for the Plaintiff only as to relief (c) supra. The trial judge anchored her decision on two rationes decidendi. First she held that the transaction contravened certain covenants of the headlease between the Plai…

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