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J.K. OWUSU V. JOSEPH TUFFOUR OSEI AND OTHERS

(2016) JELR 65589 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/6/2013  •  28 Jul 2016  •  Ghana

Coram
DOTSE JSC. (PRESIDING), YEBOAH JSC, GBADEGBE JSC, AKAMBA JSC, PWAMANG JSC.

Appearances
MUJEEB RAHMAN AHMED FOR THE DEFENDANT/APPELLANT/RESPONDENT WITH HIM ANNIS MOHAYIDEEN, KWASI AFRIFA FOR PLAINTIFF/APPELLANT

Judgement

JUDGEMENT

ANIN YEBOAH, JSC.

The appellant herein commenced an action at the High Court, Kumasi, in his capacity as a principal member for an on behalf of himself and other members of William Buachie Aphram family of Abrepo. The action was for a declaration of title to a property described as H/No OTB 589, Asomfo Road, Kumasi, and other ancillary reliefs against the respondent herein.

From both the pleadings and the evidence placed before the trial court, certain material facts were not in controversy. The said William Buachie Aphram acquired the leasehold, the subject-matter of these proceedings from the Asantehene in February of 1945 for a period of ninety-eight years and two months. The lessee put up a building on the leasehold property. Later the said Buachie Aphram granted a sub-lease of the property in dispute to one John Melekos for a period of fifty years. The sub-lease expired on 27/02/2001. Upon the expiration of the sub-lease the plaintiff wrote to the defendant to vacate the p…

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