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KOFI KYEI YAMOAH-PONKOH & ORS.
V.
ASOMDWE HOUSE COMPANY LIMITED

(2016) JELR 66750 (HC)

High Court 24 Jun 2016 Ghana
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- The case involves a dispute over ownership of a shopping complex in Kumasi, Ghana. - The plaintiffs claim to be the rightful owners of the shops they occupy and argue that any tenancy agreements with the defendant are null and void. - The

Case Details

Suit Number:SUIT NO.IRL/10/11
Judges:ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Counsel:STEPHEN OPPONG FOR PLAINTIFFS; HANSEN KODUAH FOR DEFENDANT.

JUDGMENT

The subject matter of the instant suit is ownership of a shopping complex at Anomangye-Nkwanta within the Kumasi Metropolis which has been the subject of several previous actions. In this particular action, the three plaintiffs sued for themselves and on behalf of 29 other shop owners claiming the reliefs as set out below:

a) Declaration that the plaintiffs and for that matter the occupiers are the rightful owners of the respective shops they occupy.

b) Declaration that any purported Tenancy Agreement executed between the occupiers and the defendant or its predecessor is null and void.

c) Damages

d) Any further order or other relief(s) as shall be just in the circumstances of this case.

e) Perpetual Injunction restraining the defendant from in any way interfering with the plaintiffs' right of quiet enjoyment.

THE PLAINTIFFS' CASE

The plaintiffs' case as gleaned from their statement of claim filed on 14/09/2010 is that prior to the construction of the shopping complex in issue, some o…

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