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KOJO AKYER V. KOFI YAW

(2019) JELR 68574 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/49/18  •  29 May 2019  •  Ghana

Coram
JUSTICE IRENE C. LARBI (MRS) J.A. (PRESIDING), JUSTICE L. L. MENSAH J.A., JUSTICE ANGELINA M. DOMAKYAAREH (MRS) J.A.

Judgement

LAWRENCE L. MENSAH, J.A.

This is an appeal against the judgment of the High Court Agona Swedru, dated 21st July, 2017 by the Plaintiff/Appellant who will be referred in this judgment as the Plaintiff in favor of the Defendant/Respondent who will be referred to as the Defendant. The appeal is about a parcel of land at Gomoa Akropong with a seven bedroom storey house thereon which the parties are fighting over. The parties are uterine brothers, but from different fathers.

It is the case of the Plaintiff that in 2004, he acquired a parcel of land at Gomoa Akropong from the Nsona family of Gomoa Aboso represented by Opanyin E. K. Assan. A receipt was issued to evidence the transaction. A site plan, indenture and a building plan were made at the behest of the Plaintiff.

In 2005, the Plaintiff said he sold his taxi cab to commence the construction of the disputed house. He engaged masons and carpenters to put up the house which he roofed in 2007. It was after roofing the building that he had a…

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