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KWAKU BAMFI ADOMAKO & ANOR VRS. OPANINKOFI DUODU & ORS.

(2011) JELR 92191 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4 / 29 / 2011  •  21 Dec 2011  •  Ghana

Coram
WOOD (MRS) C.J. (PRESIDING) BROBBEY,J.S.C ANSAH, J. S. C DOTSE, J. S. C GBADEGBE, J. S. C

Appearances
KWAKU ADJEI-GYAMFI FOR THE APPELLANTS. JOSEPH IROKO ( WITH HIM ROBERT QUARTEY) FOR THE RESPONDENTS.

Judgement

JUDGMENT

WOOD (MRS), C.J.

On the 21st of December, 2011, we dismissed the appeal against the decision of the Court of Appeal delivered on the 10th of February 2006, and reserved the reasons for that conclusion. We now provide them. 

The Plaintiffs/Appellants/Respondents (Respondents), who are husband and wife claim to have purchased the land, the subject matter of this appeal, from the Asakyiri Aduamoah family of Aburi represented by Nana Odjobi Aduamoah IV (now deceased) as the lawful head of the family and with the consent and concurrence of the elders of the said family.  The property was to be used for the construction of a vocational school. Following the alleged purchase, Nana Odjobi brought to the respondents an indenture, Exhibit B, and executed same. It was subsequently registered by the respondents. 

They maintain that they were however compelled to institute proceedings in the High Court, in protection of their right to ownership of the property, when the appellants, led by the…

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