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KWASHIE GBO V. KWABENA ANTIE & 1OR.

(2006) JELR 68385 (SC)

Supreme Court  •  CIVIL APPEAL NO.J.4/10/2005  •  12 Apr 2006  •  Ghana

Coram
ACQUAH C.J (PRESIDING),WOOD (MRS) J.S.C,DR. TWUM J.S.C,ANSAH J.S.C,ANINAWAH J.S.C

Judgement

JUDGMENT

WOOD (MRS), J.S.C.

The Plaintiff/Respondent was the original owner of the subject matter of this appeal; House No. 270/9, Accra New Town. Unfortunately, it was sold by public auction at the instance of the Accra City Council in August 1987 and bought by one Odartey Lamptey (PW2). But thereafter, he sold the property, (so he thought), to the Respondent after he had been paid an amount of C1800 representing the cost of the auction price and other incidental expenses he alleged he had incurred. His story is that he was moved by the tearful pleas of the Respondent, the original owner and his family to relinquish his interest in the property. The repayment to him was not effected by the Respondent alone, but with the full participation of the Appellants and their witness, DW2. The puzzle which our courts have been trying to unravel for the past nineteen years is; who actually bought this property? Was it the Respondent, or the 2nd Appellant for the simple reason that, oddly, both pa…

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