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PRINCE WILLIAM TAGOE V. ALBERT G. K. ACQUAH

(2009) JELR 68450 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/24/2008  •  11 Mar 2009  •  Ghana

Coram
BROBBEY J.S.C. (PRESIDING), ANSAH J.S.C., ADINYIRA J.S.C., DOTSE J.S.C., ANIN YEBOAH J.S.C.

Judgement

J U D G M E N T

ANIN YEBOAH, J.S.C.:-

The Circuit Court at Tema on the 12th of December 2006 entered judgment against the appellant herein in favour of the Respondent herein to recover all rent arrears and ejectment from the house in dispute which is H/No 12/N2 C2 situate at Tema. It was the case of the respondent that he owned the property in dispute and leased same to the appellant for an agreed rent. According to the Appellant, the respondent ceased paying rent in 1999. He therefore commenced the action for recovery of possession and rent arrears.

The appellant controverted the facts and strongly denied the title of the respondent. He stated among other things that there was an agreement he entered into with the respondent and one Quartey Papafio to travel abroad in exchange for the house in dispute. He therefore claimed that the agreement divested the appellant of his ownership of the house.

The learned Circuit Court judge raised one crucial issue of who was the owner of the property …

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