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ROULA ZRAIK V. TRANSLAS LIMITED, HUSSEIN ZRAIK AND MILLICENT APPAH

(2017) JELR 68810 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/13/2017  •  10 May 2017  •  Ghana

Coram
YEBOAH JSC PRESIDING, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO JSC, APPAU JSC

Judgement

YAW APPAU, JSC:-

The fundamental issue raised in this appeal, which is a second appeal by the Appellant, having lost the first appeal in the Court of Appeal is; Whether or not the ownership of the disputed properties described as Plot Nos. D3, D4, D6, D7, D8, D9 and D14, Apremdo – Takoradi, had already been determined between the two parties by a court of competent jurisdiction as at the time the Respondent instituted this action in the trial High Court on 11th February, 2011.

The genesis of this appeal is that; the Respondent herein instituted action in the High Court, Sekondi as the majority shareholder in a company by name Cream Timber Moulding Company Limited (hereinafter referred to as Cream Timbers). Her claim, initially, was against two defendants, namely; TRANSLAS LIMITED and her own uncle by name HUSSEIN ZRAIK, as 1st and 2nd Defendants respectively. The reliefs sought in the claim against the Defendants jointly and severally were for:

1. An order setting aside whatever agreemen…

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