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MOKAB COMPANY GHANA LTD.
V.
BRAGHA CONSTRUCTION LTD.

(2023) JELR 110984 (SC)

Supreme Court 22 Feb 2023 Ghana
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- The Plaintiffs sought specific performance of a 2010 agreement with the Defendants, requesting the transfer of land title documents and accounting for all monies and benefits from the sale/lease of the land. The Defendants counterclaimed,

Case Details

Suit Number:NO. J4/21/2022
Judges:DOTSE JSC (PRESIDING) AMEGATCHER JSC LOVELACE-JOHNSON (MS.) JSC PROF. MENSA-BONSU (MRS.) JSC KULENDI JSC
Counsel:ASSAD GBADEGBE ESQ. FOR THE DEFENDANT/RESPONDENT/APPELLANT. NANA BOAKYE MENSAH-BONSU ESQ. FOR THE PLAINTIFF/APPELLANT/ RESPONDENT.

LOVELACE-JOHNSON (MS.) JSC:-

The designations of the parties at the High Court will be maintained in this appeal.

By an amended writ issued in February 2016, the Plaintiffs claimed against the defendants as follows

  1. An order for specific performance of the 17/08/2010 written Agreement between the Plaintiff and Defendant and for the Defendant to transfer the title documents to the land, referred to in paragraph 1 and Schedule “A” of the Agreement, from its name to B and M Company and to account for and pay to B and M Company Ltd all monies and benefits received from the sale/lease of portions of the said land.
  2. A declaration that on the strength of the agreement executed between the Plaintiff and the Defendant on 17th August 2010, the Plaintiff is entitled to 70% of the landholding described in schedule “A” of the said agreement and in the name of the Defendant.
  3. A consequential order that the Defendant transfers to the Plaintiff 70% of the land described in paragraph 1 and schedule “A” of the…

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