[2010]DLCA4890 • July 15, 2010 • Court of Appeal
BFT ENTERPRISE vs. OBOTANTAM EBU EFFRIM X
The Plaintiff/Respondent negotiated and leased a 40-acre parcel of land at Apam from the Defendant/Appellant for a salt business, paying GH¢5,300 in two installments before incorporation of the Respondent company. A lease was executed on 28 January 2005. The Respondent could not register the lease due to an earlier lease on the land dated 25 July 1996 in favor of Chapermax Salt Limited. The Respondent sued for damages for deceit and refund of expenses incurred.
read moreMARFUL-SAU, JA: This appeal is taken from the judgment of the High Court (Commercial Division) dated the 6th of November 2007. The Defendant/Appellant (to be called Appellant) in his Notice of Appeal filed on 28th December 2007 formulated twelve (12) grounds and prayed that the Judgment and orders of the trial court be set aside. Before I proceed further it is important to set the records straight regarding the grounds argued by learned Counsel for Appellant in his statement of case and the grounds contained in the Notice of Appeal. As observed Appellant’s original Notice of Appeal contained twelve (12) grounds. However in his statement of case filed on the 14th July 2009, learned Counsel for the Appellant, argued fourteen grounds praying this court to set aside the judgment of the court below. There is no evidence that Counsel sought the leave of this court to argue the additional two grounds. These two grounds were argued in the statement of case as grounds 12 and 14. When .....