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RUKAYATU USUMANU V. ZONGO NAA KUN-GARI & 16 ORS

(2021) JELR 107957 (SC)

Supreme Court  •  J4/23/2020  •  31 Mar 2021  •  Ghana

Coram
APPAU, JSC (PRESIDING) PWAMANG, JSC DORDZIE (MRS.), JSC LOVELACE-JOHNSON (MS.), JSC AMADU, JSC

Judgement

JUDGMENT

DORDZIE (MRS.) JSC

The subject matter of litigation which had culminated in this appeal is a house described as number E227/16 situate at Mamobi, Accra. (This was the numbering of the house at the time of commencement of the action). The property was originally owned by Abdulai Dagarti (deceased), he died on 23rd September 1981. The disputed property is being occupied by tenants who are the 2nd to 17th defendants/appellants/respondents. There is no dispute that until the death of Abdulai Dagarti the tenants were attoning tenancy to him.

The deceased Abdulai Dagarti had a sister, Hajia Hawawu who survived him. It is alleged Dagarti gifted this property to the surviving sister Hawawu. A sales transaction of the property was alleged to have gone on between Hawawu and the plaintiff/ respondent /appellant (hereafter I will refer to the parties as appellant and respondents). The appellant made attempts to recover possession of the property after the alleged sale. This attempt was resiā€¦

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