[2018]DLHC16540July 30, 2018High Court

GHANA NATIONAL ASSOCIATION OF GARAGES vs. DAVID JOE LARTEY , AKIRA COMPANY LTD

JUDGMENT Introduction This matter is an appeal from the judgment of His Worship Nana Asibey Osei sitting at the Amasaman Magistrate Court delivered on 23rd February 2016. The plaintiff/respondent (in this judgment referred to as the plaintiff) acquired a parcel of land from the Awulemona family of Ofankor for the use of its members. The plaintiff was granted a 99 year lease of the land. The plaintiff parcelled out the land to its members and each member paid an amount of money which was referred to as plot fund for the use of the land. The land was to be used for light industrial purposes only. The 1st defendant/appellant (in this judgment referred to as 1st defendant), as a member of the association was allocated his portion of the land in 2003. The plaintiff asserts that the 1st defendant’s land was ¼ plot but the 1st defendant asserts that it was ½ plot. It is the plaintiff’s case that one of the privileges of being a member of the association is the member’s enti...