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KOFI SARPONG V. FRANKLIN ADUBOBI JANTUAH

(2016) JELR 68801 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/15/2015  •  17 Feb 2016  •  Ghana

Coram
ANIN YEBOAH JSC (PRESIDING), BAFFOE-BONNIE JSC, BENIN JSC, AKAMBA JSC, APPAU JSC

Judgement

BENIN, JSC:-

This is one case which in our candid opinion should not have been embarked upon at all in the first place. The property in dispute is numbered O.T.B. 511, Block XXVI, Adum, Kumasi. The plaintiff/appellant/appellant, hereinafter called the plaintiff does not claim he owns the property in dispute by acquisition of the plot or by construction of the building thereon. He does not also claim the property by purchase or through inheritance. He claims the property because he is a sub-lessee whose sub-lease has expired so he has become the owner of the property unless the true owner thereof came forward to claim it. The defendant/respondent/respondent, hereinafter called the defendant, claims to be the true owner who acquired the plot in his native name and leased it to two named persons for a term of fifty years to build on it and occupy same for that duration. Also the defendant holds the title deeds to the property which he tendered at the trial court. Nonetheless the plaintiff…

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