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THE REPUBLIC v HIGH COURT KOFORIDUA, EX-PARTE WILLIAM K. A. OTU

(2009) JELR 92122 (SC)

Supreme Court 11 Feb 2009 Ghana
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- The applicants applied to the court for an order of certiorari to quash a ruling by the High Court in a specific performance case. - The applicants had negotiated with the plaintiff-company for the hire or purchase of a farmland, but term

Case Details

Suit Number:CIVIL MOTION NO. J5/41/2008
Judges:BROBBEY, J.S.C. (PRESIDING) ANSAH, J.S.C ADINYIRA , J.S.C. DOTSE, J.S.C ANIN YEBOAH, J.S.C
Counsel:SOMUAH ASAMOAH FOR THE APPLICANTS. ENOH-AMAH ANDOH FOR THE INTERESTED PARTY.

RULING

ANSAH, J.S.C.

The applicants herein applied to this court, pursuant to article 132 of the 1992 Constitution, for an order of certiorari directed at the High Court, Koforidua presided over by Anyimiah J, to quash a ruling by the said court dated 12 June 2008 in Suit No E149/2008 intituled Koans Building Solutions Ltd vWilliam Ansah-Otu and Another. The ground for the application was that: “There was an error of law apparent on the face of the record.” 

According to the supporting affidavit, the first applicant deposed that he had negotiated with the plaintiff-company, Koans Solutions Ltd (hereinafter called the interested party), through its managing director on behalf of the other applicant, for the hire or purchase of a farmland at Okotokrom-Asuboi. The interested party paid ¢60 million old cedis (Gh¢6,000.00) and a second payment of Gh¢700 (seven million old cedis) for the preparation of a site plan. The interested party was put in possession of the land and started cultivati…

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