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OWUSU KYENKYENHENE V. J. K. ADU

(2003) JELR 68186 (SC)

Supreme Court  •  CIVIL APPEAL NO. 16/2001  •  5 Mar 2003  •  Ghana

Coram
ACQUAH J.S.C. (PRESIDING),ATUGUBA J.S.C,ADZOE J.S.C,BADDOO J.S.C,DR. TWUM J.S.C

Judgement

JUDGMENT

ADZOE, J.S.C.

This is an appeal against the unanimous judgment of the Court of Appeal dated 14th December, 2000 affirming an award made by the trial High Court at Kumasi on 22nd January, 1999. This High Court Judge made the award pursuant to his own previous order for the valuation and sharing of the assets and liabilities of a school owned jointly by the parties. The appellant contends that the properties of the school had not been “professionally or otherwise valued” before the award was made by the High Court and that the Court of Appeal was wrong in affirming the said award.

The dispute between the parties was primarily about the ownership of a school established in Kwadaso, Kumasi, in the Ashanti Region and called the Minnesota International School. It was originally established by four men in 1982. In 1984, two of the four founders decided to quit, and the parties herein were left to run the school as joint owners. The plaintiff in the suit is the appellant before us and t…

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