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JUDGMENT
The Plaintiff issued its Writ of Summons per its Amended Statement of
Claim claiming against the Defendant as follows:-
a) The Defendant be ordered to assign his title to the lands at Kasoa
Odupongkpehe on which the houses have been constructed to the
1st Plaintiff as per his Statutory Declaration made the 19th of
November 2001.
b) Specific performance of the said contract.
c) Further in the alternative, the Defendant should forfeit his 30%
equity stake in the 1st Plaintiff in favour of the 2nd Plaintiff on a
finding that he not own the land aforesaid which was the material
inducement for the share allotment.
d) An order directed at the Defendant to account for all monies he has
received from Stefano Pol, the 2nd Plaintiff, and any other sources
for the estate development project and their application in the
name of the 1st Plaintiff.
e) General Damages or such other reliefs as the Court may deem fit.
f) Cost, including Solicitors fees.
The Defendant also filed a Statement of Defence to the Plaintiff’s claim in
which the Defendant incorporated a counterclaim against the Plaintiff as
follows:-
1. A declaration that the agreement for the assignment of the
Defendant’s title deeds and/or interest in the lands at
Odupongkpehe to the Plaintiff’s Company for the housing project
is unenforceable for failure of consideration.
2. An order by the Court to probe into the accounts of the Plaintiff’s
Company with respect to its financial position and changes therein,
and with respect to the control and accounting for all property
acquired whether for resale or use in the Company’s business and
in particular with respect to
a) all sums of money received and expended by, or on behalf of
the Company and the matters in respect of which the receipt
and the expenditure took place.
b) all sales and purchases by the Company of any property, goods
and services.
c) the assets and liabilities of the company
3. An Order of the Court for the winding up of the Company.
4. Further or other reliefs as in the circumstances may be just fit or
proper. I do not doubt chequered history the case has gone
through. The original Writ of Summons itself was filed on the 11th
August 2005. The case had passed through the hands of one judge
to the other.
On the 30th day of May 2017, the Court differently constituted recorded in
the Court’s Record Book as follows:-
“By Court: The suit is adjourned to 27/06/17 @ 10:00 am. The Court will
make efforts to r