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EMMANUEL SARFO WIAFE
V.
ADWOA HARRIS WIAFE

(2018) JELR 68832 (CA)

Court of Appeal 5 Jul 2018 Ghana
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- The High Court dismissed the defendant's counterclaim and entered judgment for the plaintiff. - The plaintiff was granted a declaration of proprietary interest in the disputed property and an order for its sale and distribution of proceed

Case Details

Suit Number:CIVIL SUIT NO.H1/128/17
Judges:M. OWUSU (J.A.) – PRESIDING, ADJEI (J.A.), KWOFIE (J.A.)
Counsel:MR. AGYABENG AKRASI FOR DEFENDANT/APPELLANT,ANGELA QUARDE FOR PLAINTIFF/RESPONDENT

JUDGMENT

MARIAMA OWUSU, J.A.

On 4th of November, 2014, the High Court, Accra, dismissed the defendant’s counterclaim in this suit. The trial court then entered judgment for the plaintiff and made the following Orders:

1. “I grant the plaintiff’s relief (a) and declare that the plaintiff has proprietary interest in Plot N0. 9 Benjin Street, East Legon, Accra and all the buildings situate thereon.

2. I also grant relief (b) and therefore order that the disputed property be sold forthwith and the proceeds distributed among the parties after a proper valuation has been done.

3. The parties shall have the first option to purchase the disputed property, Ordered accordingly.”

Dissatisfied with the decision of the High Court, the Defendant mounted this appeal on the following grounds:

1. The judgment is against the weight of evidence.

2. Further grounds to be filed upon receipt of certified true copy of the judgment.

On 16/12/2015, the defendant filed five further grounds of appeal. They are;

1. The co…

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