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OBAAHEMA NANA KRAB II V. EMMANUEL SWANZY-KRAH

(2007) JELR 69604 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/133/06  •  29 Mar 2007  •  Ghana

Coram
QUAYE J. A. (PRESIDING) , HONYENUGA J. A. , ADUAMA OSEI J. A

Judgement

HONYENUGA JA

The brief facts of this appeal is that the Stool of Butumagyebu represented by the plaintiff/appellant is the lessor of the defendant/respondent in respect of plot number 100A. This transaction was reduced into writing. The disputed land which is unnumbered lies at the frontage of plot number 100A. The defendant/respondent leveled the land to commence a block manufacturing enterprise and so placed a Metal Container on it. When questioned by the plaintiff/appellants through letters and other medium, the defendant/respondent claimed that he had purchased that portion of the land from a deceased head of the plaintiff/appellant’s family.

The defendant/respondent also claimed that the unnumbered plot was part of an area reserved for road and public utility service and therefore the land belonged to him. The plaintiff/appellant’s family dissatisfied with the turn of events caused a Writ of Summons which was later amended to be issued against the defendant/respondent claiming the …

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