[2014]DLCA5133 • March 20, 2014 • Court of Appeal
SWEATER & SOCKS FACTORY LTD vs. THE ATTORNEY-GENERAL AND 7 OTHERS
The parties have been engaged in prolonged litigation concerning property at No. 57 & 58 North Industrial Area, Accra. The 6th defendant/appellant negotiated to purchase the plaintiff/respondent's interest in the property, paying US$120,000 towards an agreed price of US$500,000. Despite this, the plaintiff sought to recover possession and compel payment of rent from the 6th defendant. The 6th defendant/appellant contended that the payment was part of a purchase price, not rent, and sought a stay of execution against eviction.
read moreMARFUL-SAU, JA: This appeal is against the ruling of the High Court, Accra dated the 17th December 2012. The parties in this case for some years have been engaged in various legal proceedings in court. This particular appeal can be traced to the decision of the High Court dated the 8th of April 2003. From the record, it seems the judgment of 8th April 2003 which was delivered by Inkumsah Abban J, was subjected to further process of the court and a final decision delivered by Elizabeth Ankumah J. on the 16th May 2012. Consequently at page 49 of the record of appeal is a copy of the Entry of Judgment after Trial which is a composite of the two decisions of the High Court. The record also revealed that after the judgment of 8th April 2003, three of the defendants namely the 1st defendant, Attorney General, 3rd defendant, African Bags Co. Ltd and 8th defendant, Golden Tower Ltd appealed against the judgment. Then on the 15th June 2004, Ayebi J. (as then was) granted an application f...