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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.

Judgement

JUDGMENT

ATUGUBA, J.S.C.

THE FACTS

In this case the Plaintiffs/Appellants/Appellants’ father, Nathaniel Fianko Akotuah, on the face of a registered title deed, exhibit ‘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: “an Order of Ejectment from House No. B565/6 and an order of payment of rend arrears from January, 1992”. The co-respondent was joint to action upon his application since he contended that he was the real owner of the property in question.

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…

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