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OPANIN WILLIAM ANU QUAYE & 1 OR. V. MRS. MERCY GAISIE & ANOTHER

(2019) JELR 68917 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/21/19  •  30 Apr 2019  •  Ghana

Coram
JUSTICE IRENE C. LARBI (MRS) J.A. (PRESIDING), JUSTICE LAWRENCE L. MENSAH J.A., JUSTICE ANGELINA M. DOMAKYAAREH (MRS) J.A

Judgement

LAWRENCE L. MENSAH, J.A.

The Plaintiffs/Appellants who will be referred to as Plaintiffs are members of the immediate family of the wider Efrisem Anona Kusibentsir family of Apam. The Defendants/Respondents who will be referred as Defendants are the children of Alphonso Owiah Kwakye Bondzie (deceased) who hailed from Apam in the Central Region of Ghana and a member of the Plaintiffs’ immediate family and a grandfather of the Plaintiffs.

Before his death in 1970 the said Alphonso Owiah Kwakye Bondzie the deceased put up two houses. The first house is situate at Apam called “Panpashie”. This house became a family house. The second house Number MB 35/2, Agona Swedru christened “Cannan Lodge” is the subject-matter of this appeal. The deceased also had cocoa farms at Makrong and Nkutunase.

Upon the death of Alphonso Owiah Bondzie in 1970 intestate, the immediate family, now fronted by the two Plaintiffs in this appeal, took over the ownership, possession and control over the said properties. …

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