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ALICE POKU V. SELINA OSEI NYARKO

(2016) JELR 64860 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/102/2016  •  16 Jun 2016  •  Ghana

Coram
V.D. OFOE J.A. (PRESIDING), F.G. KORBIEH J.A., H.A. KWOFIE J.A.

Judgement

F.G. KORBIEH, J.A.

The case (or better still, the cases) leading to this appeal have a very chequered history. I will however be very brief in tracing this history. In 1990, one Nana Appiawiah sued the defendant/appellant herein in the circuit court for a declaration of title to a piece or parcel of land lying, situate and being at “MILE 7 off Nsawam Rd., Accra measuring 167 ft. on the North-East by Lessor’s land measuring 100 ft. more or less on the North-West by the Lessor’s land measuring 100 ft. more or less and containing an approximate area of 0.36 acre more or less.” The defendant/appellant not only defended the action, she mounted a counter claim for a declaration of title to virtually the same land. Whilst the Nana Appiawiah’s claim was dismissed, the defendant/appellant’s counterclaim was granted and she was declared owner of the land. Thereafter it came to the notice of the defendant/appellant that Nana Appiawiah had obtained a land certificate on that very parcel of land. S…

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