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EDMUND ASANTE-APPIAH
V.
MADAM KATE AMPONSAH ALIAS YAA MANSAH

(2008) JELR 68428 (SC)

Supreme Court 20 Nov 2008 Ghana
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- The Supreme Court upheld the Court of Appeal’s decision, dismissing the appellant’s claims for lack of capacity due to an invalid power of attorney which failed to comply with the statutory witnessing requirements under the Power of Attor

Case Details

Suit Number:SUIT NO. CA J4/34/2007
Judges:AKUFFO (MS) JSC (PRESIDING), BROBBEY J.S.C, DATE-BAH J.S.C, ANSAH J.S.C, ASIAMAH J.S.C
Counsel:ASANTE-ANSONG FOR THE APPELLANT,K. AMOAKO-ADJEI FOR THE RESPONDENT
Other Citations:(2007) JELR 109717 (SC)

JUDGMENT

BROBBEY JSC

This is an appeal from the decision of the Court of Appeal which allowed an appeal against the decision of the High Court sitting at Koforidua. The facts which gave rise to the litigation before this court are as follows: The plaintiff who shall hereafter be referred to as the appellant claimed that he alone bought the subject matter of the case which is a house together with an adjoining plot, both of which are situated at Apedwa. He further claimed to have bought it from its original owner, the United African Company and after the purchase he permitted his late brother and the brother’s family to live in it. The respondent was the wife of the late brother who also lived in the house.

It was part of the case of the appellant that after the death of her husband the respondent admitted at various meetings that the property belonged to the appellant.

The respondent denied the claims of the appellant. She rather contended that the property was bought jointly by the appel…

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