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BENYAK COMPANY LTD V. PAYTELL LTD, KOFI AGYEMANG, T. T. MENSAH AND LANDS COMMISSION

(2014) JELR 68656 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/19/2010  •  5 Feb 2014  •  Ghana

Coram
ADINYIRA (MRS) JSC PRESIDING, YEBOAH JSC, GBADEGBE JSC, AKAMBA JSC,BAMFO (MRS) JSC

Judgement

ANIN YEBOAH JSC

This is an appeal from the unanimous decision of the Court of Appeal, Accra, which affirmed the decision of the High Court, Accra, in favour of the defendants/respondents/respondents hereinafter simply referred to as the defendants.

The plaintiff/appellant/appellant (who for the sake of brevity shall be referred to in this appeal) as the plaintiff, issued a writ of summons against the defendants on 20/10/2003 for declaration of title to a piece or parcel of land at Kwabenya. The allegations of facts pleaded against the defendants appeared to be straightforward and simple to comprehend. The plaintiff averred that in 1999, one Ben Nyarko trading under the name and style of BENYAK VENTURES acquired over thirty (30) acres of vacant land at Kwabenya from NII NAGLESHIE ADDY-ABOASA family of Accra, the registered proprietors of the land at the Land Title Registry and NII ARYEE ANANG, head and lawful representative of the NII ODAI NTOW family of Ashonmang, Accra, original allodiā€¦

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