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OPANIN THOMAS FORDJOUR V. AMA KAAKYIRE

(2014) JELR 68918 (CA)

Court of Appeal  •  CIVIL APPEAL NO.: H1/42/2013  •  26 Nov 2014  •  Ghana

Coram
E. K. AYEBI J.A. (PRESIDING), IRENE C. LARBI (MRS.) J.A., I. O. TANKO AMADU J.A.

Judgement

AYEBI J.A.

1. This is an appeal against the judgment of Circuit Court, Obuasi delivered on 31st October 2012 by the plaintiff. The trial judge at the end of the trial held that: “On the balance of probability, the court is convinced that the house in issue, namely H/No. 13 A/C, Boete was the bona fide property of the late Joseph Aduhene and not the plaintiff”

2. That pronouncement is pursuant to the claim of the plaintiff for:

(a) A declaration of title to House No. BE 13 A/C Boete, Obuasi.

(b) Recovery of possession.

(c) An order of perpetual injunction to restrain the defendant, her agents, assigns and workmen from interfering with the said house.

(d) General damages for trespass.

3. The facts of the case show that the contest over House No. BE 13 A/C Boete, Obuasi is between a father and the widow of his own son. The Joseph Aduhene whom the court declared as the owner of the house was the son of the plaintiff/appellant (referred to as plaintiff). Joseph Aduhene passed away in 2010. In his…

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