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ANTHONY MENSAH AND OTHERS V. SAMUEL MANU ABEYIE AND OTHERS

(2012) JELR 65979 (CA)

Court of Appeal  •  SUIT NO: H1/49/2011  •  30 Mar 2012  •  Ghana

Coram
MARIAMA OWUSU, J.A. (PRESIDING), FRANCIS KORBIEH, J.A., IRENE DANQUAH

Appearances
KWAME BOAFO ,OBENG MANU JNR; MUJEEB RAHAM AHMED

Judgement
<p>Mariama Owusu, J.A:</p><p>This is an appeal against the decision of the High Court, Kumasi dated 23-7-2010. In the said decision, the court held among other things that:</p><p><em>“It is evident that the Plaintiffs have no cause of action against the 1</em><em><sup>st</sup></em><em> and 2</em><em><sup>nd</sup></em><em> Defendants. The cause of action they may have against the 3</em><em><sup>rd</sup></em><em> Defendant may relate to breach of agreement and not the type of reliefs sought in the instance action.</em></p><p><em>In view of the court’s holding, the trial of the other issues are completely unnecessary. The Plaintiffs have no cause of action and therefore have no capacity to institute the present action. The court hereby dismisses all the claims sought by the Plaintiffs.</em></p><p><em>As assignees, the 1</em><em><sup>st</sup></em><em> and 2</em><em><sup>nd</sup></em><em> Defendants have title to the disputed property and are entitled to recovery of possession. Since the Plaintiffs are not in the premises under any grant, they are trespassers. And having denied the title of the 1</em><em><sup>st</sup></em><em> and 2</em><em><sup>nd</sup></em><em> Defendants, the Plaintiffs are liable to be ejected forthwith......”</em></p><p>Dissatisfi…</p>

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