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OFOE OSUSSEY V. DR. REX EMMANUEL OFOE CHACHU & ANOR.

(2002) JELR 63489 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 5/1995  •  27 Jun 2002  •  Ghana

Coram
WOOD J.A. (PRESIDING), ARYEETEY J.A., AMONOO-MONNEY J.A

Judgement

ARYEETEY, J.A.

For the purposes of this judgment I would refer to the plaintiff/appellant as the plaintiff, the defendant/cross-appellant as the defendant and the co-defendant/cross-appellant as the co-defendant. As would be expected the plaintiff on one hand and the defendant, supported by the co-defendant, on the other give conflicting accounts of the background to this litigation. While the plaintiff asserts that he acquired the land which is the subject matter of the dispute alone and put up a building on it, using his own resources for his own use, the defendant contends that it was at his initiative that the building plot upon which he intended to build a house for his family was acquired. According to his pleading, sometime in 1968 he discussed with the plaintiff who happens to be his first cousin the need to acquire a building plot at Nugua to put up a dwelling house for the use of their family members who visited Accra from Ada. Their first effort yielded the acquisition of a …

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