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ALHAJI LASISI TIJANI V. LT COL (RTD) THOMAS ACQUIE

(2012) JELR 92145 (SC)

Supreme Court  •  CIVIL APPEAL No. J4/53/ 2012  •  14 Nov 2012  •  Ghana

Coram
ANSAH, J.S.C. (PRESIDING), ADINYIRA (MRS), J.S.C. ,DOTSE, J.S.C. ,ANIN YEBOAH, J.S.C. ,AKOTO-BAMFO (MRS), J.S.C.

Appearances
A. A. LUGUTERAH FOR THE DEFENDANT/APPELLANT/APPELLANT. A. F. YAKUBU FOR THE PLAINTIFF/RESPONDENT/RESPONDENT

Judgement

J U D G M E N T

ANIN YEBOAH, JSC

On the 14/11/2012, we dismissed this appeal as unmeritorious and reserved our reasons.  We now proceed to give our reasons for the dismissal of the appeal.

The plaintiff/Respondent/Respondent who for sake of brevity shall henceforth be referred to as the plaintiff commenced an action against the defendant/appellant referred to in these proceedings as the defendant.

The action was for: Declaration of title to house â„– 1.25, Tamale and for the usual ancillary reliefs of recovery of possession, mense profits, damages and perpetual injunction.

The basis for the action was that, on or about the 22nd of December 1988, the plaintiff bought the house in dispute from one Mad. Daiko Horgbayo Daitey whereupon she assigned all her interest in the house to the plaintiff.

It is not disputed that the said house was once the bona fide property of one Martey Korley Daitey the father of the plaintiff’s vendor.  In the Statement of claim, it was pleaded that the said Martey Kor…

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