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AKYER V. GHANA INDUSTRIAL DEVELOPMENT CORPORATION AND OTHER

(1961) JELR 64463 (SC)

Supreme Court  •  10 Jul 1961  •  Ghana

Coram
ADUMUA-BOSSMAN JSC, OLLENNU JSC ,CRABBE JSC

Appearances
KORANTENG-ADDOW FOR THE APPELLANT ,NO APPEARANCE BY OR ON BEHALF OF THE RESPONDENTS

Judgement

ADUMUA-BOSSMAN J.S.C.: [His lordship stated the facts as set out in the headnote and continued:] Now before passing on to the trial and considering, the evidence which was adduced by the parties and the trial judge’s findings and ultimate decision, it seems to me to be necessary to ascertain and be precise about, the material allegations on which the plaintiff based or founded the reliefs claimed, which allegations, of course, are those which he had to establish by his evidence. As to this, undoubtedly one material allegation which the plaintiff pleaded as entitling him to the reliefs he claims was the judgments delivered in an action which his family instituted against the second defendant for a declaration of title to the premises in dispute. It is clear, however, that proof of the judgments does not entitle the plaintiff to the reliefs sought against the first defendants, because the first defendants had acquired rights from the second defendant, before the commencement of the acti…

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