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ODWUMA LAKES FARMS & RURAL ESTATES LTD & Anor v. MRS. VIVIAN AKU BROWN DANQUAH & 3 Ors

(2017) JELR 107061 (CA)

Court of Appeal  •  H1/117/2017  •  14 Jun 2017  •  Ghana

Coram
A. DORDZIE, MRS. JA, (PRESIDING). B. ACKAH-YENSU, JA. H. KWOFIE, JA

Judgement

JUDGMENT

BARBARA ACKAH-YENSU (Ms) JA

In order to truly appreciate this appeal, one needs to recount the brief facts of the case leading to the appeal. Mrs. Vivian Aku Brown Danquah, 1st Defendant/Respondent herein, commenced an action (as plaintiff) at the High Court as Head of Adutso Family of Osu against Samuel Lanquaye Odartey, Head of Odartey Sro Family also of Osu (as defendant) for, inter alia, a declaration of title to a parcel of land said to be located at Abokobi in the Greater Accra Region covering over 500 acres. The said defendant denied that the plaintiff was entitled to her claims and counterclaimed, amongst others, for declaration of title and recovery of possession.  At the end of the trial, the learned trial Judge dismissed the plaintiff’s claim and gave judgment for the defendant on his counter claim.

The plaintiff successfully challenged the judgment at the Court of Appeal resulting in it being set aside and judgment entered for the plaintiff. The Court of Appeal decla…

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