[1988]DLSC784 • July 19, 1988 • Supreme Court •
MECHANICAL LLOYD ASSEMBLY PLANT LTD vs. NARTEY
The plaintiff claimed title and possession of a piece of land at Frafraha, seeking declaration of title, recovery of possession, injunction against defendants' interference, and damages for trespass. The defendants, Mechanical Lloyd Assembly Plant Ltd., contested the claim, asserting title through the La Mantse and other defenses. The High Court ruled for the plaintiff; the Court of Appeal reversed in favor of the defendants; the Supreme Court allowed the plaintiff's appeal by majority.
read moreThis is an application by the defendants herein, Mechanical Lloyd Assembly Plant Ltd., asking this court to review its decision given on 19 May 1988 (see [1987-88] 2 G.L.R. 314, S.C.). In that decision the court gave judgment for the plaintiff (Francois and Amua Sekyi JJ.S.C. dissenting) for: (a) a declaration of title to a piece of land at Frafraha; (b) Recovery of possession of the said land; (c) An injunction to restrain the defendants, e.t.c. from interfering with the land. The court also awarded the plaintiff ¢200,000 damages, and gave him ¢50,000 costs in this court, and ¢25,000 each in the Court of Appeal and the High Court. The defendants say that the judgment is wrong; it should be reviewed and reversed in their favour. As soon as arguments closed on 29 June 1988, I had no doubt in my own mind that this application must fail. I could immediately have pronounced my decision there and then, at best reserving my reasons. The more I listened to Mr. Joe Reind...