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ALFA MUSAH V. DR. FRANCIS ASANTE APPEAGYEI

(2018) JELR 92118 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/32/2017  •  2 May 2018  •  Ghana

Coram
ANSAH, JSC (PRESIDING), DOTSE, JSC , YEBOAH, JSC , BAFFOE-BONNIE, JSC , APPAU, JSC

Appearances
ALI GOMDAH WITH HIM RITA KUNTI ALI FOR THE PLAINTIF/APPELLANTS/APPELLANT. COLONEL KOFI DANSO (RTD.) FOR THE RESPONDENT/RESPONDENT/RESPONDENT.

Judgement

JUDGMENT

 YEBOAH, JSC

On the 2/05/2018 we dismissed this appeal as without merits and we hereby proceed to offer our reasons.

This appeal is against the unanimous decision of the Court of Appeal, Accra, which affirmed the judgment of the High Court, Accra.  The plaintiff/appellant/appellant (who for the sake of brevity shall henceforth be referred to as the appellant) commenced an action against the defendant/respondent/respondent (hereinafter called the respondent) at the High Court, Accra on the 6/02/09 for a declaration of title to a piece or parcel of land at East Legon, Accra, and the usual ancillary reliefs of recovery of possession, damages for trespass, perpetual injunction and cost.

The appellant who claims to be an administrator of the Estate of late Malam Musa brought this action for and on behalf of the estate thus: ALPHA MUSA (serving as the administrator of the Estate of late Malam Musa).  In a very brief and concise statement of claim, the appellant pleaded that he was the …

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