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ANTHONY MENSAH AND OTHERS
V.
SAMUEL MANU ABEYIE AND OTHERS

(2012) JELR 65979 (CA)

Court of Appeal 30 Mar 2012 Ghana
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- This is an appeal against the decision of the High Court, Kumasi dated 23-7-2010. - The court held that the plaintiffs have no cause of action against the 1st and 2nd defendants, but may have a cause of action against the 3rd defendant fo

Case Details

Suit Number:SUIT NO: H1/49/2011
Judges:MARIAMA OWUSU, J.A. (PRESIDING), FRANCIS KORBIEH, J.A., IRENE DANQUAH
Counsel:KWAME BOAFO ,OBENG MANU JNR; MUJEEB RAHAM AHMED

Mariama Owusu, J.A:

This is an appeal against the decision of the High Court, Kumasi dated 23-7-2010. In the said decision, the court held among other things that:

“It is evident that the Plaintiffs have no cause of action against the 1st and 2nd Defendants. The cause of action they may have against the 3rd Defendant may relate to breach of agreement and not the type of reliefs sought in the instance action.

In view of the court’s holding, the trial of the other issues are completely unnecessary. The Plaintiffs have no cause of action and therefore have no capacity to institute the present action. The court hereby dismisses all the claims sought by the Plaintiffs.

As assignees, the 1st and 2nd Defendants have title to the disputed property and are entitled to recovery of possession. Since the Plaintiffs are not in the premises under any grant, they are trespassers. And having denied the title of the 1st and 2nd Defendants, the Plaintiffs are liable to be ejected forthwith......”

Dissatisfi…

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