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KWABENA APPIAH
V.
DAVID KWABENA AKUOKU

(2013) JELR 64940 (CA)

Court of Appeal 15 May 2013 Ghana
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- The Court of Appeal set aside the High Court’s decision conferring title on the defendant under the Land Development (Protection of Purchasers) Act, 1960 (Act 2), holding the defendant was not a purchaser in good faith, having acted reckl

Case Details

Suit Number:CIVIL APPEAL NO. H1/79/2014
Judges:MARIAMA OWUSU J. A. (PRESIDING), ADUAMA OSEI J.A. ,DORDZIE J.A.
Counsel:MR. BRAM LARBI FOR APPELLANT, MRS. M. Y. N. ACHEAMPONG FOR RESPONDENT, NOOR-DEEN SAEED FOR PLAINTIFF/APPELLANT (IN COURT)

MARIAMA OWUSU, J.A: On 7-5-2010, the High Court [Land Division], Accra, dismissed the plaintiff/appellant’s [hereinafter refer to as plaintiff] claim for a declaration of title to a parcel of land in Accra and other ancillary reliefs sought against the defendant. Dissatisfied with the decision of the High Court, the plaintiff appealed to this Court.

In a nutshell, the plaintiff’s case was that the disputed land was sold to him by one Madam Doreen Boatemaah Bitihene for valuable consideration sometime 1995. The said Assignment is witnessed by a Deed of Assignment dated 25-7-1995 and stamped as LVB 8753/04 and AR/GB/520/95. The plaintiff averred further that, on acquisition of the land, he went into immediate possession, erected corner pillars and constructed the concrete foundation for a house on the plot. It is the plaintiff’s case that, to his shock and surprise and in spite of numerous warnings, the defendant/respondent [hereinafter refer to as defendant] forcibly entered onto parts …

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