FLORINI LUCA & ANOR. V. MR. SAMIR & ORS.
(2021) JELR 107275 (SC)
Supreme Court
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CIVIL APPEAL NO. J4/49/2020
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21 Apr 2021
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Ghana
Coram
APPAU, JSC (PRESIDING)
PWAMANG, JSC
DORDZIE (MRS.), JSC
LOVELACE-JOHNSON (MS.), JSC
AMADU, JSC
Appearances
JOHN MERCER ESQ FOR PLAINTIFFS/APPELLANTS/RESPONDENTS
SAMUEL YALLEY ESQ FOR 1ST DEFENDANT/RESPONDENT/APPELLANT
GEORGE TETTEH SACKEY ESQ PRINCIPAL STATE ATTORNEY (PSA) FOR 2ND AND 3RD DEFENDANTS/RESPONDENTS/APPELLANTS WITH HIM EMMANUELLA SARA ASMAH, ASSISTANT STATE ATTORNEY (ASA) AND ADELAINE OWUSUWAA ASANTE, ASSISTANT STATE ATTORNEY (ASA)
Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>PWAMANG, JSC</strong></p><p>The plaintiffs/appellants/respondents (the plaintiffs) are Italian nationals who have, through a lawful attorney, sued in the High Court, Sekondi to recover House No. 15, Whin Layout, Beach Road, Takoradi which is in the possession of the defendants/respondents/appellants (the defendants). The plaintiffs’ case is that the house was acquired by their Italian mother who died intestate on 24th March, 2010 in Genova, Italy but used to live in Ghana where she was into timber business. They state that their mother was compelled by circumstances to flee back to Italy in 1982 when her business was confiscated at the height of the revolution. The defendants took possession of the house believing it was part of the confiscated assets of Subin Timber Company Limited/Central Logging and Sawmills Ltd but the plaintiffs contend that it was not and that all along it remained the personal property of their mother. The facts here appears to be similar to those in the case of <em>GIHOC …</em></p>