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MICHAEL ASIAMAH & Anor v. KWAMENA ADDO AGYARKO & 2 Ors

(2019) JELR 107058 (CA)

Court of Appeal  •  H1/143/2019  •  14 Nov 2019  •  Ghana

Coram
B. F. ACKAH-YENSU, JA (PRESIDING). I. O. TANKO AMADU, JA. AMMA GAISIE, JA

Judgement

JUDGMENT

B. ACKAH-YENSU, JA

In this appeal against the Ruling of the High Court (Land Division) Accra, delivered on 26th January 2018, the 1st Defendant/Applicant/Appellant (hereinafter referred to simply as the “Appellant”) prays that the entire Ruling of the court below, together with the costs awarded, be set aside and the suit be dismissed.

 FACTS

These are the matters that have given rise to the instant appeal.  

On 24th June 2004, the Appellant issued a writ against the 2nd Defendant herein and the 1st Plaintiff/Respondent/Respondent (to be referred to as the “1st Respondent” hereinafter) at the Circuit Court in Suit No. C1/31/04 titled: Kwabena Addo Adjarko v. Nii Ato Harrison and Michael Asiamah.  From the judgment found on page 65 of the Record of Appeal (ROA) and marked Exhibit KAA-“4”, the Appellant’s claims were as follows:

“(a) Declaration of title over the plot described in the schedule and commonly known as plot No. 3 – All that piece or parcel of land situate, lying and bein…

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