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DEEPER CHRISTIAN LIFE MINISTRY AND 6 OTHERS
V.
ALEX KOFI KUMAH

(2013) JELR 63600 (CA)

Court of Appeal 18 Apr 2013 Ghana
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- The dispute concerned whether a parcel of land at Suhum was respondent’s individual property or family property, and whether a 2007 transaction constituted an outright sale or a renewed tenancy in favor of the appellant (a church). - The

Case Details

Suit Number:SUIT NO: H1/144/2012
Judges:OWUSU M. J.A. (PRESIDING), DANQUAH I. J.A., TORKORNOO G. J.A
Counsel:MR. FRANK NARTEY FOR PLAINTIFFS/APPELLANTS

JUDGMENT

MARIAMA OWUSU, J.A:

Two main issues crop up for determination in this appeal. They are as follows;

1. Whether the disputed property is family property.

2. Whether or not the transaction entered into by the parties in 2007 is an outright sale of the disputed property or a rent agreement for ten (10) years.

The trial judge answered the first issue in the affirmative. On the second issue, he came to the conclusion that the transaction was a rent agreement.

Dissatisfied with the decision of the trial court, the plaintiff/appellant mounted the instant appeal on the following grounds:

i. The judge erred in holding that the land the subject matter of the instant dispute, belonged to Defendant’s family.

ii. The judgment was against the weight of evidence.

iii. The trial judge wrongly exercised his discretion when against the weight of evidence, he refused plaintiff’s claim.

iv. Further grounds to be filed on receipt of the Record of Appeal.

The relief sought from the Court Appeal:

That the Judgm…

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