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OPANIN YAW DOTOR AND AMA ACHIAA V. DERMA RURAL BANK AND POLICE OFFICER SAMPSON MENSAH

(2017) JELR 68916 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/71/2016  •  17 Jan 2017  •  Ghana

Coram
E. K. AYEBI, J.A. (PRESIDING), G. TORKORNOO (MRS) J.A., A. M. DOMAKYAAREH (MRS.) J.A.

Judgement

DOMAKYAAREH (MRS),J. A.

1. In this appeal, a battle for the recovery of the value of a burnt house and other valuables has been raging since 5th October 2004 when the plaintiff/appellants filed their initial Writ of Summons and Statement of Claim against the defendants/respondents herein.

PLAINTIFF/APPELLANT’S CASE

2. The 1st plaintiff/appellant is the owner of a building on plot No. 45 Block “A”, Derma, also identified as House No B.F. 103 Derma. The 1st appellant rented out (4) four rooms in the said house to the 1st Defendant/Respondent for the occupation of its employees.

The 2nd Plaintiff/Appellant is a daughter of the 1st plaintiff/appellant and she also occupied one room in the house from where she sold agro-chemicals. Other tenants rented the remaining rooms in the house and they all co-existed together.

For security reasons, and in particular to scare armed robbers from attacking the 1st respondent’s premises, which was close to the said house, the 1st respondent applied to the Gh…

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