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KASSEKE AKOTO DUGBARTEY SAPPOR (SUBST. BY ATTEH SAPPOR SUING FOR HIMSELF AND ON BEHALF OF THE SAPPOR KOLEH WE CLAN OF ALAVANYO ADA-FOAH) v. VERY REV. SOLOMON DUGBARTEY SAPPOR (SUBST. BY EBENEZER TEKPERTEY AKWETEY SAPPOR)

(2019) JELR 107055 (CA)

Court of Appeal  •  H1/59/2014  •  11 Apr 2019  •  Ghana

Coram
F. KUSI-APPIAH, JA (PRESIDING). B. F. ACKAH-YENSU, JA. TANKO AMADU, JA

Judgement

JUDGMENT

B. ACKAH-YENSU, JA

This appeal is from the judgment of the High Court (Land Division) Accra, delivered on 29th November, 2013 wherein the plaintiffs’ case was dismissed.

In the High Court, Kasseke Akoto Dugbartey Sappor, who was subsequently substituted by Atteh Sappor (alternately referred to as “1st Plaintiff”, or “Plaintiff/Appellant”), together with two other plaintiffs, Samuel Dugbartey Sappor and Joseph Narh Sappor, claimed against the Defendants/Respondents, inter alia, for a declaration that the purported sale of the family property comprising of Plots Nos. 103 and 104, Adabraka, Accra was null, void and of no legal effect.

The antecedents to the said case, in a nutshell, are as follows:

The late Margaret Korkor Dugbartey Sappor died in 1952 possessed of a lot of properties including the property in dispute, Plots Nos. 103 and 104, Adabraka, Accra.  It is evident from an affidavit deposed to by one Grace Plange (see page 468 of the Record of Appeal) that Margaret Korkor Du…

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