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PAPA YAW SIRIBOE & PAPITA SIRIBOE & AGNES AMPONSAH

(2022) JELR 110073 (SC)

Supreme Court  •  J4/23/2022  •  16 Nov 2022  •  Ghana

Coram
BAFFOE-BONNIE JSC (PRESIDING) PROF. KOTEY JSC LOVELACE-JOHNSON (MS.) JSC AMADU JSC PROF. MENSA-BONSU (MRS.) JSC

Judgement

LOVELACE-JOHNSON (JSC):-

The designation of the parties at the High Court will be maintained in this appeal. The facts of this matter are not complicated. It is a fact that though differently described, the parties are laying claim to the same piece of land, described as plot No K 21, by both of them, even if with a slight variation in size (0.31 as opposed to 0.37 of an acre). It is also a fact that while the plaintiffs found their title to the land on a grant by the Anona Royal Family of Apremdo in the year 2014, the Defendants found their title on a lease in the year 2011 from the Government of Ghana, the land the subject matter in dispute, according to them, being State land. See the writ of summons, statement of claim and statement of defence and counterclaim at pages 1-4, and 9-10 of the Record of Appeal. (ROA). The issue at the core of this dispute, as rightly stated by the Court of appeal in its judgment found at page 401 of the ROA and reproduced in the Statement of Case of co…

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