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ADJAOTTOR
V.
ANNAN

(2024) JELR 113258 (CA)

Court of Appeal 18 Apr 2024 Ghana
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- Plaintiff purchased H/No. AF/13, Community 7, Tema from Theresa Annan, who was registered as the legal tenant by TDC after the death of her husband (the Defendant’s father) and sought ejectment, recovery of possession, mesne profits, and

Case Details

Suit Number:H1/251/2022
Judges:JENNIFER DODOO, J.A (PRESIDING) STEPHEN OPPONG, J.A PROF. OLIVIA ANKU-TSEDE (MRS.), J.A
Counsel:ERIC ASUMAN-ADU WITH SAMUEL ENYDUAH FOR PLAINTIFF/APPELLANT. JUDE ATAKORA TUFFOUR WITH LORREN BOATENG FOR DEFENDANT/RESPONDENT.
Location:Accra

STEPHEN OPPONG, JA

This is an appeal against the judgment of the High Court sitting at Tema dated the 12th day of October 2021. Dissatisfied with the judgment, the Plaintiff/Appellant herein launched an appeal against the aforesaid judgment on the 6th day of January 2022 on the following grounds:

a. The judgment is against the weight of evidence before Her Ladyship the High Court Judge.

b. Her Ladyship the High Court Judge erred when she posited that Theresa Annan was just a legal tenant and therefore could not have transferred her interest in H/No. AF 13 Community 7 to Plaintiff when it was overwhelmingly clear that it was TDC the owners of Tema Acquisition area which made the transfer into the name of the Plaintiff upon the instruction of the said Theresa Annan.

c. Her Ladyship the judge erred in law and in fact when she found that the alleged conveyance is wrongful.

PARTICULARS OF ERRORS IN LAW

i. Fraud was not pleaded (please see Order 11 R 8 of the High Court (Civil Procedure) Rules, 2…

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