ROBERT ODAMTTEN V. RAPHAEL WUTA-OFFEI & MOHAMMED WOLLEY AND GEORGE ODAMTTEN & 3 OTHERS V. RAPHAEL WUTA-OFFEI AND MOHAMMED WOLLEY
(2014) JELR 66035 (CA)
Court of Appeal
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SUIT NO: H1/85/2009
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6 Nov 2014
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Ghana
Coram
MARIAMA OWUSU (PRESIDING), ACQUAYE J.A., DZAMEFE J.A.
Appearances
MR. PETER ATUPARE FOR PLAINTIFF/APPELLANT,MISS IRIS AGGREY OLEANS FOR PLAINTIFFS/APPELLANTS,MR. ADDO ATUAH FOR DEFENDANTS/APPELLANTS
Judgement
<p><strong>MARIAMA OWUSU, J.A.</strong></p><p>On 8-8-2008, the High Court, Accra, dismissed the claims of the plaintiffs in the consolidated suits. In its judgment, the trial court held among other things as follows;</p><blockquote>“On the whole I find that plaintiffs in both suits lack the requisite capacity to sustain the action filed in this court. I shall accordingly dismiss both suits filed by the plaintiffs in both cases. The property has actually been sold to the 2<sup>nd</sup> defendant who has paid for it in full. </blockquote><blockquote>I find nothing to detract from the validity of the sale of the property to 2<sup>nd</sup> defendant for me to set the said sale aside and I decline to do so.</blockquote><blockquote>The court however has decided not to award costs to the 1<sup>st</sup> defendant. However, the 2<sup>nd</sup> defendant who is not a member of the 1<sup>st</sup> defendant family and who has successfully defended the action against him is awarded cost of GH¢1,000.00 against the plaintiff in suit No. 96/2002 and a further cost of another GH¢1,000.00 against plaintiffs in suit No. 105/2007”.</blockquote><p>Dissatisfied with t…</p>