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NATHANIEL BOSOMPRAH FIANKO & OTHERS V. PHILIP DODOO DJAN & OTHERS.

(2007) JELR 68418 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/27/2006  •  14 Nov 2007  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), DR. DATE-BAH J.S.C., ANSAH J.S.C., ANINAKWAH J.S.C., MRS. ADINYIRA J.S.C.

Appearances
MILLS-HALDANE LUTTERODT FOR PLAINTIFFS/APPELLANTS, FRANK ADEEKU FOR CO-DEFENDANT/RESPONDENT

Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>ATUGUBA, J.S.C.</strong></p><p>THE FACTS</p><p>In this case the Plaintiffs/Appellants/Appellants’ father, Nathaniel Fianko Akotuah, on the face of a registered title deed, exhibit ā€˜B’ was the owner of the property on which stands H/No. B 565/6, Abossey Okai, Accra, which is also said to belong to their father. Other documents tending to support this claim include a building permit, receipts for payment of property rates etc. Accordingly they sued the Defendant/Respondents/Respondents in a District Court, Accra for: ā€œan Order of Ejectment from House No. B565/6 and an order of payment of rend arrears from January, 1992ā€. The co-respondent was joint to action upon his application since he contended that he was the real owner of the property in question.</p><p>The courts below, from the District Court, Court 6, 28th February Road, Accra through the High Court Accra, presided over by Her Ladyship Mrs. G. Kusi-Appouh J, to the Court of Appeal, upheld the respondents’ case against the appellants. They all held th…</p>

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