KYEI YAMOAH PONKOH & ORS v. ASOMDWE HOUSE CO. LTD

JUDGEMENT

MARIAMA OWUSU, J.A.

On 24th June, 2016, the High Court, Land Division, Kumasi, entered judgment in favour of the plaintiffs and dismissed the defendant’s counterclaim.

In her judgment, the trial Judge held among other things that;

“After the consent judgment has been fully complied with and all the contributors are allotted shares in the limited liability company so formed, they will be entitled to dividends to be declared by the company until the consent judgment is complied with to the letter, the plaintiffs and for that matter all the contributors will have a legal right to remain on the property and operate the stores they occupy…”

Now, dissatisfied with the decision of the High Court, the defendant appealed to this court on the following grounds:

The honourable trial court erred when it misconstrued pre-finance of a construction project (stores) as amounting to ownership of the store(s)

The honourable court erred as it misconstrued and misapplied the well settled legal principle of “quiequid plantatuo sola solo codit” when she declared plaintiffs as owners of the “shops” when defendant’s ownership of the landed property was not in dispute.

The honourable trial court erred, when without and justificable legal basis, declared the tenancy agreement entered into between the plaintiff’s and the defendant a nullity.

The honourable trial court erred when it applied the principle regarding the purchaser of land to this case contrary to the facts of the case and the evidence on record.

The honourable trial court erred, when it failed to hold that the plaintiffs relinquished their rights of ownership when they willingly executed tenancy agreement with defendants as tenants to the disputed property.

The honourable court erred when it shifted the evidential burden onto the defendants notwithstanding the plaintiffs’ inability to prove their title to the property.

The honourable court erred when it awarded excessive damages and cost against the defendant/appellant herein notwithstanding the clear facts of the case.

The judgment is against the weight of evidence on record.

Additional grounds of appeal to be filed on receipt of the record of appeal.

The relief sought from the Court of Appeal is that the judgment of the High Court dated 24th June, 2016 be set aside and judgment entered in favour of the defendant/appellant as per its counterclaim.

At this stage, it is noted for the record that, the defendant/appellant did not file additional g