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DWOMOH V. OBUASI URBAN COUNCIL

(1972) JELR 69133 (CA)

Court of Appeal  •  14 Feb 1972  •  Ghana

Coram
AZU CRABBE J.S.C., LASSEY JA,SOWAH J.A.

Appearances
LUTTERODT FOR THE APPELLANT; NO APPEARANCE BY OR FOR THE RESPONDENT.

Judgement

LASSEY J.: This appeal was by the plaintiff, the appellant herein, against the decision of the High Court, Kumasi, which dismissed a claim for damages against the defendants, the respondents herein. The appellant was the lawful owner of a house on plot number 301 situate on Insuta Street, Obuasi, which he bought. By a scheme of development and layout by the respondent council, the appellant’s property became affected and, as a result, the respondents recovered possession of it. In replacement, the appellant was given a new lease of two plots known as No. 9 at Kwabrafoso and No. 101 at Tutuka, respectively. Both plots are within the Obuasi area under the administration of the respondent council which administered all the lands in Obuasi for and on behalf of the Ashanti Goldfields Corporation, the owners thereof.

The respective plots were re-allocated to the appellant in 1951, and he entered both and paid the annual rents regularly and these were received from the commencement of the lea…

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