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ATTA KWAKU AGYEI AND KWAME KONADU V. ELDER YAW ASARE BEDIAKO AND 3 OTHERS

(2017) JELR 65113 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/24/2016  •  23 May 2017  •  Ghana

Coram
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA

Judgement

AYEBI, JA

1. This is an appeal against the judgment of a Fast Track High Court, Sunyani, dated 7th day of July 2014 by the plaintiffs. The sole ground of appeal is that the judgment is against the weight of evidence.

2. Initially, the claim of the plaintiffs was against the 1st defendant for:

(a) A declaration that H/No. SNT 8, New Town, Sunyani is a property commonly acquired by the late Opanin Kwasi Anomah and Opanin Kofi Mensah and that same is part of their estate.

(b) A declaration that H/No. SNT 8, New Town, Sunyani, by operation of PNDCL 111 devolves on the children and wives of Opanin Kofi Mensah and Opanin Kwasi Anomah.

(c) An order of injunction restraining the defendants, their agents, privies, etc. from dealing with the disputed house and the vacant portion thereof.

3. The plaintiffs in their statement of claim pleaded that they are children of the late Opanin Kwasi Anomah and Opanin Kofi Mensah who were uterine brothers and who jointly acquired the subject house through their j…

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