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MADAM MASH AGBESHIE, MR RICHARD AGBESHIE V. MADAM AMINA AMORKOR FOFO RUKYEA LARYEA

(2009) JELR 68460 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/35/2007  •  11 Feb 2009  •  Ghana

Coram
WOOD (MRS) C J (PRESIDING), BROBBEY J.S.C, ANSAH J.S.C, ANIN YEBOAH J.S.C, BAFFOE-BONNIE J.S.C

Judgement

J U D G M E N T

ANSAH, JSC:-

The issues in this appeal are very narrow indeed and may briefly be stated as entered on whether the plaintiff bought the whole of the disputed house or only its frontage.

Before deciding on the merits of the appeal, the facts of the case must be stated first. They were that the plaintiff brought an action against the defendant for

A declaration of title to the property H/No. 49E/12, Nima, Accra,

Recovery of possession of the said H/No 49/E12, Nima , Accra.

Account for rent collected on the said premises by the Defendant to the plaintiffs.

d Damages.

e. Ejectment against the defendant from house number 49E/12, Nima, Accra,

f. Payment of monies received as rents on the said house from 1st May 1997, and

g. g. General damages.

The plaintiff claimed the defendant was the owner of House Number 49E/12, Nima, until it was sold to the late deceased Madam Axorlushie Zomade. By a deed between Madam Zomade and the defendant on 8th April 1997, the defendant assigned the residue …

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