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RAMI AHAMOUI AND DUNIA HAMOUI V. JOHN ATTA OSEI

(2017) JELR 65139 (CA)

Court of Appeal  •  SUIT NO: H1/31/2017  •  1 Jun 2017  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), WELBOURNE J.A., SOWAH J.A.

Judgement

JUDGMENT

WELBOURNE, JA

This appeal is against the judgment of the High Court dated 22nd June, 2015.

The grounds of appeal as filed by the Defendants/Appellants are as follows:

a. The judgment given by the learned trial judge is against the weight of evidence.

b. The court erred when it awarded special damages in the sum of Five Million Ghana cedis (GH¢5,000,000) when no evidence was led to establish same.

In this judgment, the Plaintiff will be described as the Respondent and the Defendants as the Appellants. The facts that culminated in this action are that the Respondent is the freehold owner of the property located on the 37 Military Hospital/Achimota Road, (near Dzorwulu Traffic Lights) which interest was registered by the Lands Registry as No. 258/67.

The Respondent further stated in his statement of claim that after acquiring the property, he went into possession of the land and developed a two-storey residential property with two out-houses thereon. The property is described as compri…

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