BIO JACKSON AND DIANA SERWAAH
V.
ISHMAEL AND 11 OTHERS MADAM MARY AKOMAH

(2017) JELR 69628 (CA)    
Court of Appeal  ·  SUIT NO: H1/29/2015 ·  21 Dec 2017 ·  Ghana
CORAM
E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A., A. M. DOMAKYAAREH (MRS.) J.A.
Core Terms Beta
plaintiff
counsel
defendant
action
plaintiffs
appellants
case
defendants
diana serwaa
appeal
instant case
trial judge
diana asamoah
high court
1st plaintiff
head of family
constitutional provisions
fundamental human rights
kwadwo boateng
notice of appeal
record of appeal
statement of claim
victor owusu-ansah
appeal court
children of the late victor owusu-ansah
circuit court
concession of counsel
customary successor of the deceased
death of victor owusu-ansah
directions stage
gave evidence
grant of an order of stay
grant of their application
grounds of lack of capacity
instant appeal
number of years of the precious time
operation of law
order of perpetual injunction
reasoning of the trial judge
receipt of a copy of the record
right step
ruling of the circuit court
said letters of administration
said paragraph
support of this appeal counsel
trial circuit court judge
various orders
wife of the said victor owusu-ansah
written submission of counsel

DOMAKYAAREH (MRS) J A

1. This is an appeal against the Ruling of the Circuit Court, Kumasi dated 17th March 2014, which went against the plaintiffs/appellants herein.

The facts which culminated in the Ruling being appealed against are as follows:

Per his Statement of Claim, the 1st plaintiff/appellant claimed to have bought a house (unidentified) from one Diana Serwaa. After buying the house, he served notices on the tenants to quit the premises per his letter dated 7th July 2011. He averred that he had given the tenants three months’ notice to quit which expired on or before 7th October, 2011. The vendor of the house, Diana Serwaa refunded the advances paid by the tenants to them but some of them refused to collect the advances refunded to them and also refused to quit the house. The plaintiff/appellant therefore filed a Writ against these tenants on 27th October 2011 claiming against them, jointly and severally, recovery of possession of rooms occupied by each tenant.

2. One Madam Mary …

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