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DUUT NIXON V. HABIB OSMANU

(2022) JELR 110039 (CA)

Court of Appeal  •  HI/4/2021  •  24 Jun 2022  •  Ghana

Coram
V. D. OFOE, JA (PRESIDING) J. BARTELS-KODWO (MRS.), JA S. R. BERNASKO ESSAH (MRS.), JA

Judgement

V. D. OFOE

It is the case of the plaintiff/appellant that plot No. 30 on which the defendant has erected his house is his. The defendant on his part contended that his building is on plot No. 31 and not 30. It became necessary for the trial judge to determine whether the plot on which the defendant/respondent has his completed building and is in habitation for about 3 years before the plaintiff confronted him claiming ownership, is indeed plot No 30 being claimed by the plaintiff. It is worth noting that this plot No 30 is amongst several other numbered plots within the area described by the parties as Nyanshegu Residential area. We have plots numbered linearly from 25 to 32 and six other numbered rows. It is the case of the plaintiff that he got the lease of this plot No 30 together with its adjoining plot No 29 in the year 1999. He subsequently gave out plot No 29 to a Jacob Laar. Since 2012 he was not able to visit this plot because he was taken out of Tamale on transfer but when he…

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