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PAUL OTCHERE & 14 ORS AND MRS. VERONICA SARHENE/ MRS. MARY ATTA SIAW V. EDWARD NASSER & CO. LTD.

(2016) JELR 65949 (CA)

Court of Appeal  •  SUIT NO.: H1/28/2016  •  19 Oct 2016  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J.A.

Judgement

TORKORNOO (MRS), J.A.

The forest of contentions and proceedings that have lasted eighteen years and cover Seven Hundred and Ninety-three (793) pages of appeal records in this case can all be rested under one tree. This is the question whether the Co-Defendants/Appellants (hereafter referred to as Appellants) have any enforceable rights in contract or equity to merit a declaration that they are the owners in possession of Plot Nos. 125 and 136 in the OTB layout of Kumasi (hereafter referred to as the property) And the answer is a resounding no. This is the conclusion the learned trial judge came to in his judgment delivered after reviewing all the pleadings, exhibits and testimonies. This is the judgment we also come to after reviewing the Record of Appeal (ROA). And we have clarified this decision very early in this judgment, because like the trial judge, we find this litigation to have been an extremely unfortunate one, totally unsupported by any arena of law, and clearly sustained by…

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