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KOFI KYEI YAMOAH-PONKOH V. ASOMDWE HOUSE CO. LTD

(2021) JELR 109026 (SC)

Supreme Court  •  J4/35/2020  •  26 May 2021  •  Ghana

Coram
DOTSE JSC (PRESIDING), PWAMANG JSC, DORDZIE (MRS.) JSC, PROF. MENSA BONSU (MRS.) JSC, KULENDI JSC

Appearances
OSEI-WUSU ANTWI FOR THE PLAINTIFFS/RESPONDENTS/RESPONDENTS. HANSON KWADWO KODUAH FOR THE DEFENDANT/APPELLANT/APPELLANT

Judgement

JUDGMENT 

PROF. MENSA-BONSU (MRS.) JSC:- 

This is an appeal arising out of a case that has produced a multiplicity of suits. It arose  out of a desire by a group of traders to regularize their stay on land and to formalize the  acquisition of same, to create permanent structures for themselves.  

BACKGROUND AND FACTS 

Sometime in 1998, a group of traders and artisans plying their trade from kiosks they had  erected on land belonging to a School, St Joseph’s Catholic Junior High School, approached the school and church authorities to regularize their stay. Following  consultations between Kumasi Metropolitan Authority and the school, the traders were  granted permission to remain on condition that they would build a bungalow to house  the Headmaster; improve the School’s playing field; and build a Fence wall for the  school. The group agreed, and proceeded to satisfy the conditions. In order to build their  shops, they decided to levy themselves fixed sums of money to raise the needed fund…

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