[2010]DLCA3701 • May 28, 2010 • Court of Appeal
FOSTER BOATENG vs. OPPONG KAAKYIRE
On the 2-4-08, the High Court, Kumasi, entered judgment for the Plaintiff and dismissed the Defendant’s counter claim as being untenable. Agreed cost of GH¢1,000 was awarded in favour of the Plaintiff. Dissatisfied with the decision of the High Court, the Defendant filed the instant appeal. The Grounds of Appeal are as follows; [a] That the judge erred when he held that the amount of ¢300m paid to Defendant was rent advance and not “good will’. [b] The judge erred when he held that, the Plaintiff vacated the four [4] store rooms, the subject matter of this dispute on 30th September 2005. [c] The judge fell in error when he held that the structural changes the Plaintiff made to the premises were done with the knowledge, consent and approval of the Defendant. [d] The judge erred when he held that, Plaintiff allegedly vacated the premises because the Defendant threatened his life. [e] Further grounds of appeal to be filed on receipt of the record of proceedings. ...