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MRS GRACE FYNN V. STEPHEN FYNN AND CHRISTIANA OSEI

(2010) JELR 64473 (CA)

Court of Appeal  •  NO. H3/754/2012  •  28 Jun 2010  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.

Appearances
MRS JANNIFER DJANBEA ASARE FOR 2ND DEFENDANT/RESPONDEN,MR. MUJEEB RAHMAN AHMED FOR PLAINTIFF/APPELLANT

Judgement

JUDGMENT

OWUSU, J.A.

On 19-1-2011, the Fast Track High Court, Kumasi, dismissed the plaintiff’s claim and entered judgment for the 2nd defendant on her counterclaim. In its judgment, the court held among other things that:

“The evidence adduced by the 2nd defendant and her witnesses clearly demonstrates that she lawfully acquired the Store No. 18 from its rightful owner Mr. Fynn (1st defendant) and duly paid GH¢40,000.00 to Mr. Stephen Fynn which said transaction is evidenced by Exhibit 1. I accordingly enter judgment for the 2nd defendant on her counterclaim and hereby decree that ownership of Store No. 18 Rail way Quarters is duly vested in the 2nd defendant, Christiana Osei.

The plaintiff, her agents, assigns, servants and all those who may claim through the plaintiff are hereby perpetually restrained and or prohibited from in anyway disturbing, interfering and harassing the 2nd defendant in her peaceful enjoyment of Store No. 18 Railway Quarters, Kumasi.

I award cost to the 2nd defenda…

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