(1988) JELR 65356 (CA)    
Court of Appeal  ·  21 Apr 1988 ·  Ghana
Other Citations
[1987-88] 1 GLR 548
Core Terms Beta
terms of settlement
kwame appiah
late kwame appiah
district court
atta kofi
circuit court
essiem j.a.
first defendant witness
jurisdiction of the district court
negotiated settlement
agreed fee
attempted settlement
a. yes
binding arbitration
building contractor
building plan
case of the plaintiff
decision of the kenyasehene
eighth month
evidence of the defendant
facts of this case
first judgment
kenyasehene’s call
kwabre kenyasehene
lamptey j.a.
late otumfuor prempeh ii
legal grounds
main case
main principles
order of perpetual injunction
own money
own reading of the evidence
plaintiff’s building plan
plot of land
prior agreement
record shows
said plot
said premises
said property
s claim
trial circuit court
trial judge

ESSIEM J.A.: Essiem J.A. delivered the first judgment at the invitation of Wuaku J.S.C. The facts of this case may be stated briefly. According to the plaintiff, she obtained a plot of land from the late Otumfuor Prempeh II. The plot was No. 19 Block D, Dichemso, Kumasi. She prepared a building plan, made blocks on the land and caused sand to be carted to the plot. She then entered into an oral agreement with one Kwame Appiah, now deceased, a building contractor at Konongo to put up a building based on the specifications contained in the plaintiff’s building plan, on the said plot for the plaintiff at a fee of £800. According to the plaintiff it was agreed that on completion of the building, the contractor, Kwame Appiah, would take charge of the building, let it out to tenants and collect the rents to defray the agreed fee of £800. It was further agreed that the contractor should be responsible for the payment of “ground rent and other reasonable outgoings touching the said premises.”…

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