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KINGSLEY DARKO
V.
AWONYE AKORLEY, MARTIN, ISAAC TOGBOR, PAPA KWAO

(2016) JELR 65805 (HC)

High Court 23 Jun 2016 Ghana
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- The plaintiff claimed to have purchased a house from the late Ayerh Oberko, but the defendants disputed this claim. - The defendants counterclaimed that the property belonged to the Akornor Family of New Ningo. - Both parties changed thei

Case Details

Suit Number:SUIT NO. E1/02/2012
Judges:ALEXANDER OSEI TUTU J.
Counsel:SILAS OSABUTEY ESQ. FOR THE PLAINTIFF ,ERIC ASUMAN-ADU ESQ. FOR THE DEFENDANTS ,BUT IS REPRESENTED BY DAVID BONDORIN

JUDGMENT

The plaintiff claimed to have purchased House Number B40 situate at Ashaiman from the late Ayerh Oberko on 17th October, 2010 as per his statement of claim. Defendants were the gratuitous licensees of his late transferor who were introduced to the plaintiff. Ayerh Oberko told them that plaintiff was their new landowner before he died in February 2012. After his funeral, plaintiff notified the defendants to vacate the premises but they refused to give vacant possession and would not, unless compelled by the Court to do so. The court has always been the last hope of any aggrieved person and does not shy away from ensuring justice when invited to do so. Dotse JSC in the unreported case of Francis Yirenkyi v. The Republic; Criminal Appeal No. J3/7/2015, dated 17th February, 2016, SC stated:

“The one place where a man ought to get a square deal is in a courtroom, be he any colour of the rainbow.”

It is against that backdrop that the plaintiff commenced the present action on 27th June…

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