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 27^th 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 24^th 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 11^th 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…

JIMMY NKRUMAH V. JULIANA RICHARDS

JIMMY NKRUMAH
V.
JULIANA RICHARDS