JIMMY NKRUMAH
V.
JULIANA RICHARDS

(2013) JELR 65383 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/85/2012 ·  25 Jan 2013 ·  Ghana
CORAM
JUSTICE AYEBI JA [PRESIDING], JUSTICE IRENE C DANQUAH JA, JUSTICE ALHAJI TANKO AMADU JA
Core Terms Beta
respondent
appellant
presumption of advancement
learned trial judge
sufficient evidence
kofi nkrumah
trial court
appeal
burden of proof
disputed property
late father
late husband
said house
supreme court
grounds of appeal
high court
inter alia
owner of the house
respect of the house
said presumption
title deeds
trial judge
additional grounds
broad legs
careful examination of the entire record of the appeal
case of the appellant
case of the respondent
claim of ownership
deed of assignment
evidence of the respondent
evidence payment receipts
father’s acquisition
first leg of grounds of appeal
forms part of his intestate estate
general principle
honourable court
irreconcilable positions
late father francis nkrumah
legal owner
legal principle
notice of appeal
numerous grounds of appeal
part of the appellant
recovery of possession
respondent’s plaint
summary of the facts of the case
support of her case
trial
unchallenged acts of ownership
virtue of an advancement

JUDGEMENT

I. O. TANKO AMADU JA

1. This is an appeal from the judgment the High Court, Kumasi per Jennifer A. Dodoo J dated the 27th day of October, 2010.

2. A summary of the facts of the case are that, by a writ issued from the High Court, Kumasi on 24th June, 2005, the Plaintiff/Respondent (hereinafter referred to as the Respondent) commenced an action against the Defendant/ Appellant (hereinafter referred to as the Appellant) for the following reliefs:

“1. A declaration that ownership to H/No. 14 Old Bekwai Road, Kumasi is vested in the Plaintiff and Kofi Nkrumah by virtue of an advancement made to them by their late father Francis Nkrumah per a Lease dated 11th June, 1987.

2. Recovery of possession.

3. Damages for trespass

4. An order for perpetual injunction restraining the Defendant, her agents, servants and any person claiming title through her from interfering with the disputed property”

3. The Appellant filed her Statement of Defence to the Respondent’s plaint and counterclaimed aga…

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