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KOFI AGYEMANG PAYTELL COMPANY LIMITED V. MANAGING DIRECTOR JAAH ENGINEERING COMPANY LTD

(2016) JELR 65778 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/180/2014  •  21 Apr 2016  •  Ghana

Coram
V. D. OFOE J.A. (PRESIDING), K. A. ACQUAYE J.A., M. WELBOURNE (MRS) J.A.

Judgement
<p><strong>K. A. ACQUAYE, J.A.</strong></p><p>The plaintiffs/appellants issued a writ of summons claiming against the defendant/respondent a declaration of title to a parcel of land situate at Achimota, Kingsby Hotel area, recovery of possession, ejection of the defendant and cost including legal fees.</p><p>Upon the failure of the defendant to enter appearance and file a statement of defence the plaintiffs obtained an interlocutory judgment and later gave evidence in proof of his title. The 1<sup>st</sup> plaintiff testified that he is the Managing Director of the 2<sup>nd</sup> plaintiff. On 20<sup>th</sup> April 2006 he obtained an assignment of land from one Charles Martins in the name of the 2<sup>nd</sup> defendant and he was given a document which he tendered in evidence as exhibit A. The 1<sup>st</sup> plaintiff testified that the defendant who is in possession of the land has refused to vacate same. He stated that he conducted a search at the Lands Commission which disclosed that the land had been transferred to the 2<sup>nd</sup> defendant and he tendered a copy of the sea…</p>

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