[2022]DLCA15136 • December 15, 2022 • Court of Appeal
FAUSTINA TRACHSEL vs. WOODFIELDS DEVELOPMENT CO. LTD
MERLEY A. WOOD In this interlocutory appeal against the ruling of the High Court, Accra, delivered on 22nd April, 2021, the Plaintiff/Appellant seeks the setting aside of the aforesaid Ruling. The antecedents of this case are that the Plaintiff/Appellant (hereafter referred to as the Plaintiff or alternately as the Appellant) on 2nd September 2020 sued out a Writ of Summons and a Statement of Claim against the Defendant/Respondent (hereafter referred to as Defendant or alternately as Respondent) in the General Jurisdiction of the High Court for the following reliefs: i. A declaration that a charge of US$35,000.00 described by the Defendant as development fee, is in breach of the sale and purchase agreement between the two parties. ii. A further declaration that the said development fee of US$35,000 (or its equivalent) is unconscionable, arbitrary, capricious, unreasonable and same ought to be struck out. iii. An order that Plaintiff be allowed to develop the two plots of land, ...