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MADAM LINDA SAGOE AND OTHERS V. SOCIAL SECURITY AND NATIONAL INSURANCE TRUST [SSNIT]

(2012) JELR 68565 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/50/2011  •  30 May 2012  •  Ghana

Coram
AKUFFO [MS.] (JSC) (PRESIDING), ADINYIRA [MRS.] JSC, OWUSU [MS] JSC, YEBOAH JSC, GBADEGBE JSC

Judgement

GBADEGBE, JSC

My Lords, by the appeal herein, the plaintiffs seek a reversal of the unanimous decision of the Court of Appeal that allowed in favour of the defendants an appeal from the decision of an Accra High Court. It appears from the decision with which we are concerned in these proceedings that the learned justices of the Court of Appeal came to the conclusion on the evidence that the plaintiffs had failed to discharge the burden of proof that they assumed in the matter. Consequently, they dismissed the claim of the plaintiffs and entered judgment in favour of the defendant but limited only to part of their counterclaim. The facts relevant to our determination in these proceedings are as follows.

The plaintiffs desirous of putting up residential dwellings severally negotiated the purchase from the James Town Stool, Accra of various plots of land within an area called Dunkonaa in the Greater Accra Region. The negotiations and purchase of the said plots according to the pleadings f…

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