GIHOC REFRIGERATION & HOUSEHOLD V. JEAN HANNA ASSI

JUDGMENT

AKUFFO (MS), J.S.C.

I have been fortunate to have had previous sight of the opinion about to be read by my learned brother Dr. Date-Bah, JSC and I am in agreement with his conclusion that the substantive appeal must be dismissed. I fully support his reasons leading to this conclusion. Unfortunately, however, I cannot agree with his conclusion regarding the Respondent’s cross-appeal. Rather, for the reasons stated in his dissenting opinion on the matter, I join my esteemed brother Prof. Ocran JSC in the view that the cross appeal should succeed. I, however, wish to express myself further on this aspect of the matter before us.

Throughout the trial of this matter, the Respondent’s original ownership of the property was never in any serious question, and, therefore, once the trial judge found that the Appellant had never acquired any adverse title to the same, it necessarily followed that the Respondent remained the owner thereof, since his title had never been affected by the gove…