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BENJAMIN ABBEY ADDAWOO V. EMMANUEL OKESSON AND ALHAJI YUSIF IBRAHIM, DARA SALAM GROUP LTD., MR. AMOAKOHENE LORIS TRADING CO. LTD. AND MR. JAMES

(2012) JELR 66209 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/172/2012  •  20 Dec 2012  •  Ghana

Coram
KUSI-APPIAH J.A. (PRESIDING), KORBIEH F J.A., ADUAMA OSEI J.A.

Appearances
MR. SAMUEL QUANSAH ANSAH FOR CO-DEFENDANT/APPELLANT,MR. S. K. AMOAH FOR PLAINTIFF/RESPONDENT

Judgement

JUDGMENT

KUSI-APPIAH, J.A.: This is an appeal against the decision of the High Court (Fast Track Division), Accra dated 21st April, 2011, in favour of the plaintiff/respondent against the defendants and co-defendant/appellant. I will refer to the parties in the manner they appeared at the court below.

The case of the plaintiff as gathered from his pleadings and evidence at the trial was that, on or about 20th day of November, 2003, he obtained a 30 year lease from Akua Dede as lessor in respect of the land in dispute, situate at Kokomlemle, Accra. The said lease executed in favour of the plaintiff was tendered in evidence as Exhibit ‘A’.

According to the plaintiff, prior to the grant of the land to him, the same had been repossessed from a previous lessee, Alfred Kofi Gyarteng by Akua Dede. However, he averred that the disputed land and others have been the subject of a pending estate matter at the High Court, Accra.

It is the case of the plaintiff that the grant of the land to him was br…

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