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FLORINI LUCA & ANOR.
V.
MR. SAMIR & ORS.

(2021) JELR 107275 (SC)

Supreme Court 21 Apr 2021 Ghana
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- The plaintiffs, Italian nationals, sued to recover a house in Ghana, which was in the possession of the defendants. The house was acquired by their Italian mother who died intestate in Italy but used to live in Ghana. The defendants took

Case Details

Suit Number:CIVIL APPEAL NO. J4/49/2020
Judges:APPAU, JSC (PRESIDING) PWAMANG, JSC DORDZIE (MRS.), JSC LOVELACE-JOHNSON (MS.), JSC AMADU, JSC
Counsel:JOHN MERCER ESQ FOR PLAINTIFFS/APPELLANTS/RESPONDENTS SAMUEL YALLEY ESQ FOR 1ST DEFENDANT/RESPONDENT/APPELLANT GEORGE TETTEH SACKEY ESQ PRINCIPAL STATE ATTORNEY (PSA) FOR 2ND AND 3RD DEFENDANTS/RESPONDENTS/APPELLANTS WITH HIM EMMANUELLA SARA ASMAH, ASSISTANT STATE ATTORNEY (ASA) AND ADELAINE OWUSUWAA ASANTE, ASSISTANT STATE ATTORNEY (ASA)
Other Citations:(2021) JELR 107068 (SC), (2021) JELR 107963 (SC)

JUDGMENT

PWAMANG, JSC

The plaintiffs/appellants/respondents (the plaintiffs) are Italian nationals who have, through a lawful attorney, sued in the High Court, Sekondi to recover House No. 15, Whin Layout, Beach Road, Takoradi which is in the possession of the defendants/respondents/appellants (the defendants). The plaintiffs’ case is that the house was acquired by their Italian mother who died intestate on 24th March, 2010 in Genova, Italy but used to live in Ghana where she was into timber business. They state that their mother was compelled by circumstances to flee back to Italy in 1982 when her business was confiscated at the height of the revolution. The defendants took possession of the house believing it was part of the confiscated assets of Subin Timber Company Limited/Central Logging and Sawmills Ltd but the plaintiffs contend that it was not and that all along it remained the personal property of their mother. The facts here appears to be similar to those in the case of GIHOC …

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