The Court of Appeal on Thursday 30th January, 2020 delivered a unanimous judgment in favour of the Ghana Institute of Management and Public Administration (GIMPA).
The Court of Appeal set aside the Summary Judgment granted in favour of KOANS Building Solutions at High Court, Koforidua, in relation to the sale of land located in Panpanso in the Eastern Region.
The Court of Appeal in its decision identified several procedural and substantive law breaches by the trial Court in its ruling on the motion for the Summary Judgment brought by KOANS Building Solutions which was delivered on 13th June, 2018.
In 2014, GIMPA entered into an Agreement to acquire 1,000 acres of land from KOANS Building Solutions represented by its Chief Executive Officer, Kofi Anokye. Under the terms of the Agreement, GIMPA was to make 12 instalment payments over a six-year period.
KOANS Building Solutions on the other hand, had the obligation to deliver vacant possession of the land to GIMPA. After the payment of seven instalments, KOANS Building Solution failed to deliver vacant possession of the land to GIMPA. GIMPA subsequently refused to make any further payments to KOANS Building Solutions. This necessitated the action by KOANS Building Solutions.
The Court of Appeal and rightly so, has set the scales of justice in favour of GIMPA by setting aside the Summary Judgement granted in favour of KOANS Building Solutions by the High Court on the 13th of June 2018.
The Judgement of the Court of Appeal directed that KOANS Building Solutions performs its obligation under the 10th January, 2014 Agreement by delivering to GIMPA contiguous land of 1,000 acres free from all encumbrances including but not limited to the clearing of squatters on the land.
A press statement from the institution, signed by Kofi Darko Asante, Chairman of the Governing Council, is expected to set the records straight and clear the air on the numerous misleading news publications and interviews granted by KOANS Building Solutions on this matter.
“GIMPA wishes to indicate to the general public and all persons with interest in this matter that the Governing Council and Management will continue to pursue this matter with the needed industry and commitment to ensure that the utmost interest of GIMPA and its stakeholders is protected.”