[2007]DLCA6547 • March 29, 2007 • Court of Appeal
OBENG OMONO ASAMOAH vs. OSEI AGYEMANG
The plaintiff, Obeng Omono Asamoah, claimed joint ownership of Unity Preparatory School, Mampong/Ashanti, alleging that he, the defendant Osei Agyemang, and one Owusu Ntiamoah purchased the school in 1990 from Elizabeth Kwakwa. The plaintiff asserted he acted as administrator, head teacher, director, and co-proprietor until a falling out in 2001. The defendant denied joint ownership, claiming sole proprietorship after Ntiamoah withdrew and that the plaintiff was only an employee paid salary without ownership rights. The defendant also alleged he contributed significant funds to the school’s development, which the plaintiff did not.
read moreKUSI-APPIAH, J.A. This is an appeal by the plaintiff from the decision of the High Court, Mampong/Ashanti dated 9th November, 2005. By his writ of summons, the plaintiff claimed against the defendant for:— "(1) A declaration that plaintiff is the joint-owner/proprietor of Unity Preparatory School, Mampong/Ashanti. (2) Damages for infringement of plaintiff's property rights. (3) Any other order or orders considered necessary for doing justice particularly with reference to Order 63 rule 6 of the Rules . . ." The defendant denied the plaintiff's claim and counter-claim as follows:— "(a) That the defendant is the sole proprietor of the Unity Preparatory School, Mampong. (b) An order compelling the plaintiff to change the name of his school which bears a misleading resemblance to the defendant's school. (c) Perpetual injunction restraining the plaintiff or privies from entering the defendants' said school and or dealing with the same. (d) Such further orders are to th...