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AFUA SARPONG,J.A. ODURO AND THOMAS K. ASAMOAH
V.
OPANIN FRIMPONG AND OPANIN ADUSA

(2008) JELR 66632 (CA)

Court of Appeal 13 Mar 2008 Ghana
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- This is an appeal against a decision of the High Court regarding a family property dispute. - The plaintiffs claim that a certain property is a family property and that the first defendant cannot enter into any agreement concerning the pr

Case Details

Suit Number:H1/62/2007
Judges:PIESARE J.A. [PRESIDING], MARFUL-SAU J.A, MARIAMA OWUSU [MS.] J.A.
Counsel:SIR DENNIS ADJEI FOR DEFENDANTS/APPELLANTS ,MARIAMA AGYEMANG GYASI FOR PLAINTIFFS/RESPONDENT

JUDGMENT

MARIAMA OWUSU [MS.], J.A.

This is an appeal against the decision of the High Court, Kumasi dated the 22nd day of November, 2005. The Plaintiffs/Respondents in their Writ of Summons claim as principal members of their family

1. A declaration that Plot No. 16 Block 8A Dadiesoaba, Kumasi is a family property.

2. The 1st Defendant cannot enter into any agreement concerning the said property with the 2nd Defendant without the knowledge and consent of the family. Therefore any purported agreement on the said property between the Defendants should be declared null and void.

3. Perpetual Injunction restraining the Defendants their agents and assigns from demolishing and interfering with the said property.

In their 7 paragraph statement of claim, the Plaintiffs aver amongst other things that they are principal members of their family. That they and 1st Defendant are from the same family and 1st Defendant is the Head of family. Plaintiffs continue that house No. 16, Block 8A, Dadiesoaba, Kum…

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