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EDMUND ASANTE – APPIAH V. MADAM KATE AMPONSAH ALIAS YAA MANSAH

(2008) JELR 68428 (SC)

Supreme Court  •  SUIT NO. CA J4/34/2007  •  20 Nov 2008  •  Ghana

Coram
AKUFFO (MS) JSC (PRESIDING), BROBBEY J.S.C, DATE-BAH J.S.C, ANSAH J.S.C, ASIAMAH J.S.C

Judgement

JUDGMENT

BROBBEY JSC

This is an appeal from the decision of the Court of Appeal which allowed an appeal against the decision of the High Court sitting at Koforidua. The facts which gave rise to the litigation before this court are as follows: The plaintiff who shall hereafter be referred to as the appellant claimed that he alone bought the subject matter of the case which is a house together with an adjoining plot, both of which are situated at Apedwa. He further claimed to have bought it from its original owner, the United African Company and after the purchase he permitted his late brother and the brother’s family to live in it. The respondent was the wife of the late brother who also lived in the house.

It was part of the case of the appellant that after the death of her husband the respondent admitted at various meetings that the property belonged to the appellant.

The respondent denied the claims of the appellant. She rather contended that the property was bought jointly by the appel…

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