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TOGBE LUGU AWADALI IV V. GLORYLAND ESTATES & TORGBUI ABORBOR VIII

(2022) JELR 110057 (CA)

Court of Appeal  •  H1/11/2021  •  8 Jul 2022  •  Ghana

Coram
V. D. OFOE, JA (PRESIDING) J. BARTELS-KODWO (MRS.), JA S. R. BERNASKO ESSAH (MRS.), JA

Judgement

VICTOR D. OFOE

This suit eventually became a tussle between the appellant who was the plaintiff at the trial court and the 2nd defendant who on his own application was joined to the suit to the original defendant, Glory land Estates, who became the 1st defendant. The 1st defendant bought a piece of land from the 2nd defendant who it believed was the lawful grantor of land in dispute. After the purchase the 1st defendant was confronted by the plaintiff who claimed ownership of a wider area including the land sold to the 1st defendant. What is the basis of plaintiff’s claim as disclosed by the pleadings? The writ which was filed before the joinder of the 2nd defendant found at page 1 to 2 reads 

  1. An order for declaration of title to ALL THAT parcel or piece of land situate, lying and being between Dabala Junction and Township and opposite the Star Oil Filing Station directly which is the subject matter of suit and which forms part of the larger lands declared the Supreme Court of the Gold …

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