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KOFI MANU V. AKOSUA AGYEIWAA & 3 OTHERS.

(2013) JELR 68604 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/11/2012  •  26 Jul 2013  •  Ghana

Coram
DR. DATE BAH JSC (PRESIDING), ANIN-YEBOAH JSC, P. BAFFOE-BONNIE JSC, A. A. BENIN JSC, J. B. AKAMBA JSC

Judgement

JUDGMENT

AKAMBA, JSC

This is an appeal by defendants/respondents/appellants, herein after simply referred as appellants, from the judgment of the Court of Appeal sitting in Kumasi dated the 22nd day of October, 2009. The Court of Appeal allowed the appeal on reliefs 1 and 3 on the writ of summons and in addition ordered the appellants to vacate all rooms they had unilaterally taken over. They were also ordered to hand over the lease documents on the property to the plaintiff/appellant/respondent, hereinafter simply, the respondent.

BRIEF BACKGROUND

The suit was initiated in the High Court, Kumasi by Nana Owusu Akyaw Prempeh, customary successor of Opanin Kofi Boakye Asamoah (deceased) as plaintiff and upon his demise was substituted by the present respondent, Kofi Manu. The evidence on record is that following the death of Opanin Kofi Boakye, the 1st defendant (now appellant) who is the widow of the deceased, together with her children, the 2nd to 4th defendants (appellants), realizing th…

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