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WILLIAM ASHITEY ARMAH v. HYDRAFOAM ESTATES GHANA

December 16, 2010

COURT OF APPEAL

GHANA

CORAM

  • AKAMBA, J.A. (PRESIDING)
  • KUSI-APPIAH, J.A.
  • APPAU. J.A.

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This appeal from the High Court (Fast Track Division), Accra, came before a three-judge panel of the Court of Appeal—Kusi-Appiah JA, Akamba JA (presiding), and Appau JA—arising out of a land transaction involving 16.08 acres, described as approximately 64 plots or 22 residential plots, and a claimed agreement to price the remaining 42 plots at US$10,000 per plot. At the summons for directions, the trial judge, referencing Orders 32 r.7 and 33r.5 of C. 1.47, confined the matter to the valuation of the 42 plots and, after legal argument and limited evidence, resolved the case in favour of the respondent. On appeal, Kusi-Appiah JA emphasized that genuine factual disputes require oral evidence; noting the trial judge’s own concession of a wrong approach, the Court of Appeal allowed the appeal, declared the High Court proceedings a mistrial, set aside the judgment, ordered a retrial before a different judge, and made no order as to costs.

JUDGMENT