BENYAK COMPANY LTD
V.
PAYTELL LTD & 3 ORS

(2014) JELR 68773 (SC)

Supreme Court 5 Feb 2014 Ghana
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- This is an appeal case from the Court of Appeal, Accra, which affirmed the decision of the High Court, Accra, in favor of the defendants. - The plaintiff issued a writ of summons against the defendants for declaration of title to a piece

Case Details

Suit Number:CIVIL APPEAL NO.J4/19/2010
Judges:ADINYIRA (MRS) JSC PRESIDING, YEBOAH JSC, GBADEGBE JSC, BAMFO (MRS) JSC, AKAMBA JSC
Counsel:KIZITO BEYUO FOR THE PLAINTIFF/APPELLANT/APPELLANT; PETER ZWENNES FOR THE 1ST 2ND AND 3RD DEFENDANTS/RESPONDENTS /RESPONDENTS.

JUDGMENT

ANIN YEBOAH JSC

This is an appeal from the unanimous decision of the Court of Appeal, Accra, which affirmed the decision of the High Court, Accra, in favour of the defendants/ respondents/ respondents hereinafter simply referred to as the defendants.

The plaintiff/appellant/appellant (who for the sake of brevity shall be referred to in this appeal) as the plaintiff, issued a writ of summons against the defendants on 20/10/2003 for declaration of title to a piece or parcel of land at Kwabenya. The allegations of facts pleaded against the defendants appeared to be straightforward and simple to comprehend. The plaintiff averred that in 1999, one Ben Nyarko trading under the name and style of BENYAK VENTURES acquired over thirty (30) acres of vacant land at Kwabenya from NII NAGLESHIE ADDY-ABOASA family of Accra, the registered proprietors of the land at the Land Title Registry and NII ARYEE ANANG, head and lawful representative of the NII ODAI NTOW family of Ashonmang[sic], Accra, …

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