[2016]DLCA5567 • April 11, 2016 • Court of Appeal
NANA KWADWO GYASI COMPANY LTD. SUAME-KUMASI vs. SAND & STONE CONTRACTORS ASSOCIATION
TORKORNOO, J. A: The Plaintiff/Respondent (hereinafter referred to as the Respondent) sued the Sand & Stone Contractor’s Association per the Chairman, Tanoso –Branch for: a. The recovery of the sum of Two Hundred and Ten Thousand Ghana Cedis (GH¢210,000) being the balance due to the Respondent from the Defendant which said amount the Defendant’s representative collected from the Respondent under the pretext of selling a parcel of land to the Respondent at Tanoso, Kumasi which said land was eventually found not be belong to the Defendant. b. Interest on the said amount from 10th January, 2013 to the date of final payment. The endorsed Defendant/Appellant (hereinafter referred to as Appellant) entered conditional appearance and contested the jurisdiction of the commercial court as a proper forum for the resolution of the case set out by the Respondent. According to the Appellant, the suit was a land dispute that had been dressed up as a commercial claim. On 28th April 2014...