GHANA COTTON CO. LTD v. K. N. INDUSTRIAL COMPLEX INC & NANA BAFFOUR KYEI A. K. A

JUDGMENT

On 27th March 2015, the plaintiff issued writ of summons against the defendants claiming the following reliefs:

a) A declaration that, the purported assignment of property numbers plots 1 and 2 Atimpogya, Kumasi to the defendants has failed and same is of no effect.

b) A declaration that, the plaintiff is still the lawful owner of the said leasehold interest in the said property.

c) A declaration that, the continuous occupation of the property by the defendants even after notice to vacate or quit amount to trespass to the plaintiff property.

d) A declaration that, any contract executed between the parties in respect of the property is null and void and of no effect and a further order for cancellation of any documents of transfer or assignment executed between the parties in respect of the property.

e) General damages for fraud.

f) General damages for breach of contract.

g) An order for recovery of possession of property plot nos. 1 and 2 Atimpogya, Kumasi from the defendants Costs

h) Any order relief.

The defendants entered appearance and filed their statement of defence. They also counter-claimed for the following reliefs.

a) A declaration that, the assignment of property nos. 1 and 2 Atimpogya, Kumasi to the 1st defendant is valid and binding.

b) A declaration that, by virtue of the assignment of property nos. 1 and 2 Atimpogya, Kumasi, the 1st defendant is the lawful owner of same.

c) Further or other reliefs.

d) At the close of pleadings, the following issues were set down for trial:

e) Whether or not the plaintiff Company is in existence

f) Whether or not the suit is statute barred.

g) Whether or not the defendants were justified in not honouring their promise to pay for the property.

h) Whether or not the consideration for assignment of the disputed property has failed.

i) Whether or not the defendants deceived the plaintiff into executing the Deed of Assignment of the property and whether the Deed of Assignment is valid and binding on the parties.

j) Whether or not the plaintiff is the lawful owner of the property.

k) Whether or not the plaintiff is entitled to recover the property from the defendants.

l) Whether or not the defendants have perpetrated fraud on the plaintiff.

m) Whether or not the plaintiff is entitled to the reliefs it seeks

n) Whether or not the defendants are entitled to their counter-claim.

o) Whether or not the plaintiff as a non-existent legal entity under the Companies Code 1963, Act 179 has