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MRS. CHANTEL AND MRS. AKOSUA NYAMEKYE V. ANDREWS KOI AND MR. BATMAN MR. EBENEZER OWUSU ASANTE

(2010) JELR 64285 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/184/2009  •  18 Feb 2010  •  Ghana

Coram
KUSI-APPIAH J.A. (PRESIDING), IRIS BROWN (MRS.) J.A., ADUAMAH OSEI J.A.

Appearances
MR. ROBERTSON KPATSA FOR THE DEFENDANTS & CO-DEFENDANT/ APPELLANTS,MR. ENOCH AMAH ANDOH FOR THE PLAINTIFFS/RESPONDENTS

Judgement

JUDGMENT

KUSI-APPIAH, J.A.: This appeal is from the decision of the High Court, Accra given on 27th February 2008 per K. A. Acquaye J. (as he then was) by which the learned Judge entered judgment for the plaintiffs/respondents (hereinafter called the plaintiffs) against the defendants and co-defendant/appellants (hereinafter called the defendants) and decreed title in the disputed land in the plaintiffs.

The case of the plaintiffs as gathered from their pleadings and evidence at the trial, given by Solomon Owusu Tabiri who represented the plaintiffs by a power of attorney was that, on or about 16th day of July 2004, they obtained a 99-year lease to the land in dispute from the Nungua Stool, represented by Numo Borketey Laweh, the Gborbu Wulumo of Nungua acting with the consent and concurrence of the principal members of the Nungua Stool. The said lease executed in favour of the plaintiffs was tendered in evidence as Exhibit “J”.

The plaintiffs’ attorney testified that after the acquisiti…

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