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BIRCH V. ASEMPA AND ANOTHER

(1991) JELR 69629 (HC)

High Court  •  16 Jan 1991  •  Ghana

Coram
ACQUAH J.

Appearances
NUTSUGAH FOR THE PLAINTIFF; AMANEY FOR THE DEFENDANTS.

Judgement

ACQUAH J.

The plaintiff is the sister of one Francis Kudzo Adekpuitor, (hereinafter referred to as Adekpuitor) currently residing in the United States of America. The defendants are the personal representatives of one Seth Awumah, deceased, who in his lifetime was alleged to have manufactured and offered for sale, a number of cement blocks which are the subject matter of this suit.

The case of the plaintiff is that Adekpuitor and herself bought 7,000 six inches cement blocks from this Seth Awumah on 9 December 1981. A receipt was issued to evidence the sale. After the sale they collected in bits 2,640 out of them, leaving 4,360 blocks at the premises of Seth Awumah. After the death of Seth Awumah, which death occurred in 1984, she went for the remaining 4,360 blocks, but the blocks were nowhere to be found. She and her mother therefore called on the head and other members of Seth Awumah’s family to demand the return of the blocks, but the family refused. Hence she instituted this action…

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