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KWAME OFEI V. JANET DARKO THE TRUSTEES OF THE ESTATE OF REXFORD AYE DARKO AND TSOKOFOH ESTATE LIMITED

(2016) JELR 65977 (CA)

Court of Appeal  •  SUIT NO: H1/80/2015  •  4 Feb 2016  •  Ghana

Coram
S. E. KANYOKE J.A. (PRESIDING), K. A. ACQUAYE J.A., S. DZAMEFE J.A.

Judgement

JUDGMENT

ACQUAYE, J. A.

This judgment is in respect of an appeal filed against the decision delivered by a Circuit Court in Accra on 21st December 2012.

The facts preceding this appeal are that the plaintiff/appellant issued a writ of summons against the defendant/respondent for recovery of house number C822/4 formerly Russian Embassy, order of ejection and mesne profits. The plaintiff/appellant’s case was that in 2005 he purchased house number C822/4 from one Kwabena Appenteng for GH¢10,000.00. He testified that Kwabena Appenteng executed in his favour an indenture which he tendered as Exhibit B. He testified further that Kwabena Appenteng gave him his building permit which he tendered as Exhibit D as well as the drawings and designs of the house which he tendered as Exhibit F. The plaintiff continued that he later obtained a land title certificate which he tendered as Exhibit C. It was the plaintiff/appellant’s case that Kwabena Apenteng impressed upon him that the wife of his deceased…

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