YAW SUNKWA V. MR KWADWO BOATENG & KWAME BOAHEN
(2024) JELR 112475 (CA)
Court of Appeal
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CIVIL APPEAL NO: HI/45/2023
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9 May 2024
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Ghana
Coram
ERIC BAAH, J.A
GBIEL SIMON SUURBAAREH, J.A
CHARLES EDWARD EKOW BAIDEN, J.A
Appearances
MICHAEL GYAN OWUSU ESQ., FOR PLAINTIFF/APPELLANT.
DR. CHRIS ADOMAKO-KWAKYE ESQ. FOR 2ND DEFENDANT/RESPONDENT.
Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>BAAH, J.A</u></strong></p><p style="text-align: justify"><strong><u>BACKGROUND:</u> </strong>This judgment is on an appeal filed on 11 July 2016 by the Plaintiff/Appellant (hereafter Appellant), as an executor of the last Will and Testament of the late Nana Kofi Sarpong, challenging the decision of the High Court, Kumasi, dated 8 June 2021, by which the reliefs in the counterclaim of the 2 Defendant/Respondent (hereafter Respondent) were vindicated but the reliefs sought by the Appellant dismissed in their entirety.</p><p style="text-align: justify"><strong><u>Parties</u></strong></p><p style="text-align: justify">It is noted that the Appellant instituted the action against 2F International (Ghana) Limited and one Kwadwo Boateng, as 1 and 2 defendants respectively. The then 1 Defendant, 2F International (Ghana) Limited, upon entry of appearance, filed a counterclaim against the Appellant, on the grounds that the disputed property was not acquired by it, but by one Kwame Boahen. The said Kwame Boahen joined the suit as the 3 Defendant with the aim of defending his interest in the subject property. He also counterclaimed against the Appellan…</p>