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KOFI ATTA GYAMFI V. YAW BOTAH ATTORNEY OF MADAM AFIA KONADU AND CHARLES WIREDU

(2019) JELR 66255 (CA)

Court of Appeal  •  CRIMINAL APPEAL SUIT NO: H2/02/19  •  26 Feb 2019  •  Ghana

Coram
M. OWUSU JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA

Appearances
MR. AFRICANUS OWUSU ANSAH FOR PLAINTIFF/RESPONDENT/APPELLANT,MR. DENNIS KUMAH KWAKYE FOR DEFENDANT/APPLICANT/RESPONDENT

Judgement

JUDGMENT

DZAMEFE, JA

The plaintiff/appellant on 22nd July 2015 filed an application for civil writ of summons to issue at the District Magistrate Court, Nyinahin, Ashanti in his capacity as the customary successor to Mad. Adwoa Donkor (decd) against the respondent for title to ownership and recovery of possession to all that house, No. AD 27 Adiembrah near Nyinahin with a vacant plot thereon which was gifted to the plaintiff/appellant in a document dated 13th February 1988. This gift was before the Donors demise in October 1988 which the defendant/respondent is putting adverse claims to and thus preventing plaintiff/appellant from further developing the said property (House).

The plaintiff/appellant in his statement of claim aver that the subject matter of the case was originally acquired by his great grandmother, one Yaa Abaah, about seventy years ago. Whenthe grandmother died she was succeeded by her daughter Madam Adwoa Donkor. Adwoa Donkor during her lifetime made a Will on 13th Febr…

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