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OPANIN NANTWI ABABIO AND FRANCIS MANU BOATENG V. PASTOR NANA ADUSEI

(2018) JELR 65591 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/19/2014  •  14 Mar 2018  •  Ghana

Coram
ADINYIRA (MRS) JSC (PRESIDING), DOTSE JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC ,APPAU JSC

Appearances
RAYMOND BAGNABU FOR THE PLAINTIFFS/RESPONDENTS/APPELLANTS; MICHAEL GYAN OWUSU WITH HIM MONICA NERTLEY, AKUA AMPONG AND LESLIE AMEDIOR FOR THE DEFENDANT/APPELLANT/RESPONDENT

Judgement

JUDGMENT

BAFFOE-BONNIE, JSC

This suit which was started in the Circuit Court, has come to us pursuant to leave granted by this court.

The facts of this case are quite settled and admit of little controversy.

The plaintiffs/respondents/appellants, hereafter plaintiffs, instituted this action in 2006 claiming as follows;

a. A declaration that both the legal and equitable interest in H/No, Plot 23 Block 1X A, Dadiesoaba, Asafo, Kumasi, forms part of the intestate estate of the late Kwasi Boateng, pursuant to a valid lease duly executed between the President of the Republic of Ghana in trust for the Golden Stool and the Kumasi state and the late Kwasi Boateng registered at Lands Commission as LS K.T.L. 504/61 bearing plan No. K.7026 dated the 1ST day of April, 1960.

b. Accounts

c. Permanent/perpetual injunction

d. Recovery of posession

In a 11-paragraph statement of claim, the plaintiff said that the property was acquired by his predecessor, the late Kwasi Boateng of Sewua, who had same registered…

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