[2010]DLCA3156March 24, 2010Court of Appeal

GHANA HIGHWAY AUTHORITY vs. SAND AND STONE ASSOCIATION

JUDGMENT BY COURT: On the 10-6-08, the High Court, Kumasi, gave judgment in this case and held that; “Well I hereby dismiss the counterclaim of the defendant filed on 1-3-06.Judgment is entered for the plaintiff in respect of the two relief’s stated on the amended write of summons filed on the 5-9-05. Cost to the plaintiff is fixed at GH400”. Dissatisfied with the decision of the court, the Defendant/ Appellant has filed the instant Appeal. The Grounds of Appeal are as follows; [1] The Trial Court erred when it held that, the offer letter issued by the Lands Commission to the plaintiff and which was not accepted by the plaintiff constitute a valid grant. [2] The Trial Court erred by entering judgment for the plaintiff on its unproven claim. [3] The Trial Court erroneously dismissed the defendant’s counterclaim when there was copious evidence on record to the effect that, the defendant was in possession of the land. [4] The Trial Court erred by holding ...