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BEDIAKO V. ARTHUR AND ANOTHER

(1993) JELR 66937 (CA)

Court of Appeal  •  13 May 1993  •  Ghana

Coram
AMPIAH JSC, ESSIEM JA, ADJABENG JA

Appearances
N K KUDJAWU (WITH HIM MISS IRENE KUMASENU) FOR THE APPELLANT; JAMES AHENKORAH FOR THE RESPONDENTS.

Judgement

AMPIAH JSC.

The plaintiff in this action claimed to have purchased a piece of land with a dwelling house thereon at Bubuashie, Accra, from one A K Oduro (now deceased). The house is numbered 89/18 Bubuashie, Accra. The late Oduro was said to have purchased the land on which he built, from the Asere stool in 1959. The late Oduro had no conveyance from the Asere stool. In 1977 when the plaintiff decided to purchase the property, he was directed to the Asere stool, which conveyed the property to the plaintiff. The deed, which was dated 6 December 1977 was registered as No 194/1978 and tendered in evidence as exhibit B.

The plaintiff gave notice of the change of ownership in the property to the tenants in the house, including the defendant. He then took charge of the house, made certain renovations and collected rents from all the tenants in the house including the defendant. This continued for about 3-4 years until the original owner, the late Oduro, died in November 1981.

Soon thereafter a…

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