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JEAN HANNA ASSI V. ATTORNEY GENERAL AND OTHERS

(2016) JELR 68784 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/17/2016  •  9 Nov 2016  •  Ghana

Coram
DOTSE JSC (PRESIDING), YEBOAH JSC, AKOTO-BAMFO (MRS) JSC, BENIN JSC, PWAMANG JSC

Judgement

JUDGEMENT

DOTSE JSC:-

On the 9th day of November 2016 this court unanimously dismissed the appeal lodged by the Plaintiff/Respondent/Appellant, hereafter, referred to as “the Plaintiff”, against the decision of the Court of Appeal dated 6th February, 2014 which was in favour of the 5th Defendant/Appellant/Respondent, hereafter to be called, “the 5th Defendant”. We accordingly affirmed the decision of the Court of Appeal wherein Plot No. 2, North Industrial Area, Kaneshie, Accra, (Plot 2) was adjudged to belong to the 5th Defendants.

As we reserved our reasons for the said decision on the 9th of November 2016, we proceed now to give the said reasons.

The determination of this appeal turns squarely on whether the Plaintiff’s action against the Defendants in the trial High Court was statute barred.

FACTS:-

The Plaintiff averred that he is the owner and title holder of Plot No. 2, North Industrial Area, Kaneshie, Accra (Plot No. 2). According to the facts from the appeal record, the Plaintiff a…

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