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FRANK OSEI TUTU V. FRANK OWUSU, ANTOINETTE OSUSU ANSAH, F. G. DEVELOPERS LTD. AND EDWARD OSEI TUTU (JOINDER)

(2017) JELR 64907 (CA)

Court of Appeal  •  SUIT NO: H1/20/2017  •  19 Jul 2017  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.

Judgement

JUDGMENT

TORKORNOO (MRS), J.A.

The Plaintiff/Appellant’s case is that while he is very much alive, the 1st and 2nd Defendants have presented to the high court that he is dead, and obtained letters of administration to his estate. He also alleges that in 1969, his father Martin Osei Tutu (now deceased) gave him a gift of land numbered Plot 13, Block XIV situate and lying at Suame, Kumasi. His interest in the land was registered with the Lands Commission as a direct lease from the government dated 16th September 1969. His father died testate in 1989 and never mentioned this property in his Will as belonging to his estate. His father paid the property rates on the property for the first ten years between 1969 and 1979. Thereafter, he Appellant paid the arrears of the property rates on the property from 1979 till 1997.

He travelled to the United Kingdom and while living there in 2015, his attention was drawn to the unauthorized presence of the 3rd Defendant who had allegedly moved machinery …

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