MRS AGNES GERTRUDE OSEI vs. INNOVA HOLDINGS LTD

JUDGMENT KULENDI JSC: INTRODUCTION: 1. We have before us an appeal against the judgment of the Court of Appeal, Accra, dated 21st June, 2018. This judgment overturned, in part, the judgment of the High Court dated the 21st day of March, 2016. 2. Since both parties in this suit are cross-appellants, they shall be referred to by their original designations as Plaintiff and Defendant, respectively. FACTS: 3. The present appeal arises from an action initiated by the Plaintiff through the issuance of a Writ of summons, accompanied by a Statement of Claim, against the Defendant. The suit was filed in the Registry of the High Court (Land Division), Accra, on 17th September 2012 and subsequently amended on 23rd March 2015. 4. The Plaintiff’s claim is premised on an alleged breach by the Defendant of an agreement dated 18th September 2008 between the parties. The Defendant is alleged to have unlawfully demolished one of two properties situated on a portion of the leased land .....