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SETH NII QUAYE HAMMOND V. ST. LUKES METHODIST CHURCH

(2021) JELR 107026 (CA)

Court of Appeal  •  SUIT NO:H1/06/2020  •  25 Feb 2021  •  Ghana

Coram
ADJEI, J.A , SUURBAAREH, J.A , WOOD, J.A

Judgement

JUDGMENT

ADJEI, J.A.

The Defendant who lost the action and had his counterclaim dismissed by the High Court on 14th February, 2020 filed an appeal against the said judgment to the Court of Appeal on 20th February, 2020. In this appeal, the Defendant/Appellant and the Plaintiff/Respondent shall be described with their respective designations before the trial High Court.

The Plaintiff claimed its root of title through a Will made by the late Lydia Akuokor Lamptey who died in 1992. According to the Plaintiff the late Lydia Akuokor Lamptey exercised absolute ownership rights over the land in her lifetime and the Plaintiff too continued to exercise unfettered rights over the land for over twenty years before commencing the action in the High Court which culminated in the appeal before this Court. The Plaintiffs pleadings were to the effect that the devises made to her included a building on a plot which is covered by a lease and an adjoining land which falls outside the conveyance made betwee…

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