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KWAME OFEI V. MRS JANET DARKO, THE TRUSTEES OF REXFORD AYE DARKO AND OKOFOH ESTATES LTD.

(2018) JELR 65311 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/22/2017  •  31 Jan 2018  •  Ghana

Coram
ADINYIRA JSC (PRESIDING),DOTSE JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC ,BENIN JSC

Appearances
YONNY KULENDI WITH HIM DANIEL SAGU OSEI AND CHARLES TETTEH AND HARRIET DODDO FOR THE DEFENDANTS/RESPONDENTS/ APPELLANTS,A. G. BOADU FOR THE PLAINTIFF/APPELLANT/RESPONDENT

Judgement

JUDGEMENT

BAFFOE-BONNIE, JSC:-

The facts in this case are fairly simple and straightforward. The plaintiff/appellant/respondent (hereafter, plaintiff) issued the writ in the Circuit Court against the first defendant alone, claiming recovery of possession of house number C822/4, formerly known as Russian Embassy, order of ejection and Mesne profits. His evidence in support of his claim, both in his statement of claim and before the trial Circuit Court was very consistent. In 2005, he purchased the property in dispute from one Kwabena Apenteng. Kwabena Apenteng told him the property was his personal property. Apenteng executed in his favour an indenture, which he tendered in evidence. He testified that in proof of his ownership of the property, Kwabena Apenteng gave him the building permit as well as drawings and designs of the house which all bore his name. He tendered those documents too. He later obtained a land certificate which he also tendered. After the purchase, the plaintiff said…

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