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Ebenezer Anim Dankwa & ANOR V. Kwabena Darko & ANOR

(2022) JELR 110081 (CA)

Court of Appeal  •  H1/41/2021  •  12 Apr 2022  •  Ghana

Coram
Sowah, J.A. (PRESIDING) Oppong, J.A. Mensah-Homiah, J.A.

Judgement

SOWAH, (J.A):

Background Facts:

This is an appeal by the plaintiffs/appellants from the judgment of the High Court, Nkawkaw dated 22nd March 2021 which dismissed the claims of the plaintiffs and granted all the reliefs sought by the defendants in their counter-claim. In this judgment the parties will be referred to by their designations at the trial court.

Plaintiffs Case

The suit originally was filed on 19th October, 2010 by the 1st plaintiff against the two defendants.  The 2nd plaintiff was joined on the application of the defendants.  The 1st plaintiff’s case is that in or about 2009, the 2nd plaintiff offered to sell him two parcels of farmland on condition that he purchased the smaller one first. He bought the smaller land and went into occupation thereof and has remained in occupation without hindrance from anyone. He also paid a deposit of GH¢2,000.00 for the second parcel of land out of the agreed price of GH¢8,500.00. It had been agreed that the 2nd plaintiff would harvest the c…

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