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PAUL KWEGYIR AGGREY V. NANA ABA AND EKOW SMITH

(2011) JELR 66355 (CA)

Court of Appeal  •  CIVIL APEAL NO.H1/8/2010  •  14 Jul 2011  •  Ghana

Coram
QUAYE JA (PRESIDING), MARFUL-SAU JA, HONYENUGA JA

Judgement

MARFUL-SAU, JA

This appeal is taken against the judgment of the High Court sitting at Agona Swedru. The said judgment was delivered on the 22nd day of October 2008. In its judgment the trial High Court dismissed the Plaintiff’s claim giving cause to this appeal filed on the 19th January 2009.

The brief facts of the case are that the predecessor of the plaintiff namely Kobina Domeyeh sold two parcels of land, adjacent to each other to one Yaw Nyarko the husband of the 1st defendant; and one Andrews Kweku Keelson in the years 1981 and 1971 respectively. Andrews Kweku Keelson resold his plot of land to the 2nd defendant in 1983. A new road was constructed along the area where defendants had their lands. This resulted in a parcel of land in front of defendants’ land, which land the plaintiff claimed belonged to his family, the Yego Family of Agona Swedru, to which the original vendor of defendants Kobina Domeyah, at the time of sale was the head.

Issues were joined on these facts and at page…

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