Customer Support

NANA KWADWO GYASI COMPANY LTD. SUAME-KUMASI
V.
SAND & STONE CONTRACTORS ASSOCIATION

(2016) JELR 66242 (CA)

Court of Appeal 11 Apr 2016 Ghana
BriefBot icon

BriefBot Summary

Free

- The Respondent sued the Sand and Stone Contractor's Association for the recovery of a sum of money and interest. - The Appellant contested the jurisdiction of the commercial court. - The trial judge refused the application to contest juri

Case Details

Suit Number:SUIT NO.: H1/27/2016
Judges:AYEBI J.A. (PRESIDING), TORKORNOO J. A., DOMAKYAAREH J. A.
Counsel:KWASI AFRIFA FOR APPELLANT,VIVIAN MFODWAA-GYAN FOR RESPONDENT

TORKORNOO, J.A.

The Plaintiff/Respondent (hereinafter referred to as the Respondent) sued the Sand and Stone Contractor’s Association per the Chairman, Tanoso –Branch for:

a. The recovery of the sum of Two Hundred and Ten Thousand Ghana Cedis (GH¢210,000) being the balance due to the Respondent from the Defendant which said amount the Defendant’s representative collected from the Respondent under the pretext of selling a parcel of land to the Respondent at Tanoso, Kumasi which said land was eventually found not be belong to the Defendant.

b. Interest on the said amount from 10th January, 2013 to the date of final payment.

The endorsed Defendant/Appellant (hereinafter referred to as Appellant) entered conditional appearance and contested the jurisdiction of the commercial court as a proper forum for the resolution of the case set out by the Respondent. According to the Appellant, the suit was a land dispute that had been dressed up as a commercial claim. On 28th April 2014, the trial judge…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.