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THOMAS BAIDEN & FRANK WALLACE V. FRANCIS PARKER

(2023) JELR 110990 (SC)

Supreme Court  •  NO. J4/58/2022  •  1 Feb 2023  •  Ghana

Coram
DOTSE JSC (PRESIDING) OWUSU (MS.) JSC LOVELACE-JOHNSON (MS.) JSC PROF. MENSA-BONSU (MRS.) JSC KULENDI JSC

Appearances
CONSTANTINE K. M. KUDZEDZI ESQ. FOR THE PLAINTIFFS/RESPONDENTS/ RESPONDENTS. JOHN MERCER ESQ. FOR THE DEFENDANT/APPELLANT/APPELLANT.

Judgement

DOTSE JSC:- Thomas Paine, writing on the topic common sense on George 111’s speech in 1792, stated as follows

“How easy it is to base truth and language, when men, by habitual wickedness, have learned to set justice at defiance.” Quotable Founding Fathers, page 133 Ed. By Buckner F. Melton Jn.

Before the Plaintiffs/Respondents/Respondents, hereafter referred to as the Plaintiffs in this delivery issued the writ against the Defendant, they took a certain step. These are the instructions given to their Solicitors, Cann, Quashie and Co, to write a letter dated 12th June, 2019 to the Defendant/Appellant/Appellant, hereafter Defendant This letter has been tendered in these proceedings as Exhibit D, and it reads as follows:-

“Mr. Parker

Chapel Hill Goil Filling Station 

Axim Road

Takoradi

Dear Sir, 

Vacation of Access Road to Plot No. 16 Chapel Hill Axim Road Takoradi

We write on the instructions of Mr. Thomas Kwesi Baiden (deceased) owner of plot No. 16 Chapel Hill, Axim Road, Takoradi as epitomize…

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