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KWAATA & ANOR
V.
BAMFO

(2020) JELR 114379 (CA)

Court of Appeal 26 Jan 2020 Ghana
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Case Details

Suit Number:H1/27/2019
Judges:M. M. AGYEMANG (MRS.) JA (PRESIDING), A. B. POKU-ACHEAMPONG JA, M. A. WOOD (MRS.) JA
Counsel:ISSAC OWUSU ANSAH FOR DEFENDANT/RESPONDENT/APPELLANT. FRANK DONKOR FOR PLAINTIFF/APPELLANT/RESPONDENT.
Location:Koforidua, Eastern Region

JUDGMENT

AGYEMANG (MRS.), J.A.

In this appeal against the judgment of the High Court, Koforidua delivered on 24th October 2016, the defendants/appellants herein seek a setting aside of the said judgment and the entry of judgment for the defendants/appellants (hereafter referred to alternately as the appellants, or the defendants).

The matters antecedent to the instant appeal are as follows:

Before the District Court Kwabeng, a court of summary jurisdiction, the plaintiff/respondent (hereafter referred to as the respondent, or the plaintiff) sued out a writ of summons against the defendants herein. In the claim indorsed on the application for the writ of summons to issue, the plaintiff sought the following:

  1. “(An) Order of the court to compel the 1st Defendant to share the cocoa farm at “Adahomaso” into “Abunu” basis before any purported sale or transfer by the 1st Defendant.

  2. (A) Declaration that any purported sale, transfer, mortgage, etc. of the said property by the 1st Defendant to the 2nd…

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