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EPHRAIM O. ARYEE
V.
KOFI JACQUAYE SNR. & ANOR

(2004) JELR 67336 (CA)

Court of Appeal 28 May 2004 Ghana
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- The plaintiff, as the Head of Family of Osu-Anoho, Accra, issued a Writ of Summons against the defendant, claiming recovery of vacant possession of a plot and mesne profits. - The defendants counter-claimed for specific performance of an

Case Details

Suit Number:CIVIL APPEAL NO. H1/59/2002
Judges:TWUMASI JA, PIESARE JA, MRS ABBAN JA
Counsel:CHARLOTTE ARYEE REPRESENTS THE RESPONDENT,APPELLANTS ABSENT. BOTH COUNSEL ABSENT,KWABENA ANSAH HOLDS NORVOR'S BRIEF

JUDGMENT

PIESARE JA

On the 10th day of June, 1997, the plaintiff/respondent, as the Head of Family of Osu-Anoho, Accra, issued a Writ of Summons against the defendant/appellants (the plaintiff/respondent's tenants) claiming:

(1) Recovery of Vacant Possession of Plot No. 13 Abrebrensem Street, Osu, Accra; and

(2) Mesne profits.

The defendants/appellants too counter-claimed for:—

An Order for specific performance of the agreement to sell the property to them

Or

An Order for re-imbursement of expenses to have been made on the land.

The action was tried by the High Court below, and judgment was delivered against the defendant/appellants on the 19th day of May, 2002. The defendants/ appellants being dissatisfied with the said judgment, appealed to this Court, upon Four Grounds, namely:

(1) That the plaintiff having failed to establish his claim, the Learned Trial Judge gave him judgment.

(2) The judgment was against the weight of evidence.

(3) The costs awarded were excessive.

(4) And further grounds …

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