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MADAM VICTORIA QUIST V. MRS. LILIAN THERESA NYAME AND ERIC BAFFOE

(2012) JELR 67060 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/06/2012  •  22 Nov 2012  •  Ghana

Coram
MARFUL-SAU JA (PRESIDING), HONYENUGA JA, DENNIS ADJEI JA

Appearances
J. AYIKOI OTOO FOR THE DEFENDANTS/APPELLANTS,PROF. EKOW DANIELS FOR THE PLAINTIFF/RESPONDENT

Judgement

MARFUL-SAU, JA: - This appeal is taken from the judgment of the Circuit Court sitting at Tarkwa on the 21st of January 2011. The plaintiff/respondent to be referred to as respondent issued a writ for the following reliefs:-

‘’1. A declaration that plaintiff is a child of the late Mrs. Florence Acquah deceased.

2. A declaration that House No. NT 92 New Layout, Tarkwa, commonly styled as CAROVILLE forms part of the estate of the late Mrs. Florence Acquah deceased.

3. Recovery of possession thereof.

4. Perpetual injunction restraining the defendants their agents, servants, privies etc from interfering with the plaintiff’s quiet enjoyment of H/No NT 92 New Layout Tarkwa.’’

The defendants/ appellants to be known as appellants disputed the claim by the respondent and hearing of the case commenced on the 19th May 2010. This was after the court had adopted the application for directions filed on the 29th November 2009 at page 38 of the record of appeal. Upon the application three issues were se…

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