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EMPIRE BUILDERS LTD.
V.
TOPKINGS ENTERPRISES LTD. & 4 ORS.

(2020) JELR 92050 (SC)

Supreme Court 16 Dec 2020 Ghana
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- The case is an appeal from a decision made by the Court of Appeal on 18th December 2014, which partially affirmed a judgment from the High Court dated 11th June 2003. - The plaintiff, a limited liability company, is claiming ownership of

Case Details

Suit Number:CIVIL APPEAL NO. J4/10/2019
Judges:BAFFOE-BONNIE, JSC (PRESIDING), APPAU, JSC, PWAMANG, JSC, AMADU, JSC, KULENDI, JSC
Counsel:F. K. QUARTEY FOR THE PLAINTIFF/APPELLANT/APPELLANT. AUBREY TAMAKLOE FOR THE DEFENDANT/RESPONDENT/RESPONDENT.

AMADU, JSC:

(1) This appeal is from the decision of the Court of Appeal pronounced on the 18th December, 2014 which affirmed in part the judgment of the High Court dated 11th June, 2003.  For purposes of convenience, the parties to the appeal shall be referred to by the same description as in the Trial High Court. The Plaintiff herein, aggrieved by the decision of the Court of Appeal has appealed to this court seeking an overturn of the decision.

(2) The key question for our decision in this appeal is whether the Court of Appeal correctly reevaluated the evidence on record and applied the relevant law and consequently came to the right conclusion by affirming the judgment of the Trial Court in part only.

(3) BACKGROUND

By a Writ of Summons issued on 24th February 1999 the Plaintiff commenced this action against the 1st Defendant for the following reliefs:

a. “A declaration of title to a parcel of land situate at Adjiringano-North, Accra comprising an approximate area of 456.25 acres the fu…

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