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GIDEON AYIKU AKROFI
V.
CECILIA NKETIA ACHEAMPONG

(2021) JELR 107035 (CA)

Court of Appeal 15 Apr 2021 Ghana
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- The case is an appeal from a High Court decision about a consolidated suit, Suit No FAL641/11 and AL 77/2011, concerning the legal competence of Mr Martin Adane to sell a disputed property, House No 137/ Haatso, to Gideon Ayiku. - The def

Case Details

Suit Number:H1/33/2021; FAL/641/2011; AL/77/2011
Judges:V. D. OFOE, JA (Presiding) G. S. SUURBAAREH, JA E. BAAH, JA
Counsel:YAKUBU DUBIK MAHAMA FOR PLAINTIFF/CROSS-APPELLANT ALAN SHIKA S….. FOR DEFENDANT/APPELLANT

JUDGMENT

OFOE, J.A

This is an appeal from a decision of the High Court in respect of a consolidated suit, Suit No FAL641/11 and AL 77/2011 in which the defendant in suit No FAL 641/2011 and plaintiff in suit No AL77/2011 are the appellants before us. Defendant in both suits is the wife of the plaintiff in suit No AL/77/2011. On reading the pleadings filed in respect of suit No 641/2011 what comes out mainly for determination is whether the plaintiff in suit No 77/2011, Mr Martin Adane, had legal competence to have sold the disputed property, House No 137/ Haatso to the plaintiff (Gideon Ayiku) in suit No FAL641/2011. Defendant in both suits, Cecilia Acheampong, challenges the sale claiming she is a wife to Mr Adane and a joint owner of the said property so it cannot be sold without her consent to Mr Gideon Ayiku.

For the sake of convenience, we shall refer to Mr Adane as the cross appellant, and the defendant in both suits, Cecilia Acheampong, as the appellant. Mr Gideon Ayiku shall be r…

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