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SODZEDO AKUTEYE, AGNES AKUTEYE AND AFI AKUTEYE V. ADJOA NYAKOAH, TETTEH AKUTEYE AND EBENEZER AKUTEYE

(2018) JELR 67426 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/58/2017  •  23 May 2018  •  Ghana

Coram
AKUFFO (MS) CJ (PRESIDING), ANSAH JSC, ADINYIRA (MRS) JSC, YEBOAH JSC,BAFFOE-BONNIE JSC

Appearances
LAMBERT KARIBA FOR PLAINTIFFS/RESPONDENTS/APPELLANTS,JULIET AGBO WITH SORIATA FROKO FOR THE 1ST DEFENDANT/APPELLANT/RESPONDENT

Judgement

JUDGMENT

AKUFFO (MS), CJ

This is an appeal against the judgment of the Court of Appeal, delivered on 19th day of November, 2015, setting aside the judgment of the High Court. The Plaintiffs/Respondents/Appellants (hereinafter referred to as ‘the Appellants’), and the 2nd and 3rd Defendants/Appellants/Respondents (hereinafter referred to as ‘the 2nd and 3rd Respondents’), are the biological children of one Tsengor Akuteye (deceased), who during his life time, took a lease from the Tema Development Corporation (hereinafter referred to as ‘TDC’) on house number D/11, Tsinai Agbor Electoral Area, Ashaiman, the subject matter in dispute herein. The 1st Defendant/Appellant/Respondent (hereinafter referred to as ‘the 1st Respondent’) is the purchaser of the said house.

Background

By a writ of summons issued in the High Court, Accra, on 28th November 2008, the Appellants claimed from the 1st Respondent the following reliefs:

- A declaration of title to H/No D/11, Tsinai Agbor Electoral Area, Ashai…

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