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KWAKU APEADU
V.
NANA K. KRABAN III

(2014) JELR 65618 (CA)

Court of Appeal 19 Jun 2014 Ghana
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- The plaintiff (appellant) claimed as the customary successor to Ntow Kwabena’s estate, seeking a declaration of title, possession, accounting for rents, and an injunction over House No. E.75 at Aburi Junction, Nsawam, alleging that it was

Case Details

Suit Number:CIVIL APPEAL NO. H1/60/2012
Judges:ABBAN (PRESIDING)J.A, OWUSU M J.A. , TORKORNOO J.A.
Counsel:MR. FRANK YANKEY FOR PLAINTIFF/APPELLANT, MR. STEPHEN A. BEKOE FOR DEFENDANT/RESPONDENT

JUDGEMENT

MARIAMA OWUSU, J.A:

This is an appeal against the decision of the Circuit Court, Nsawam dated 28-8-06, in which the plaintiff’s claim was dismissed as legally frivolous and unmeritorious. The trial judge declared that House No. E. 75, situate at Aburi Junction, Nsawam is the bonafide property of the late AGO YAA including all structures attached to the property, including stores, shops whether constructed by any or other persons. The cost of ¢15 million was also awarded against the plaintiff.

Dissatisfied with the decision of the Court, the plaintiff appealed to the Court of Appeal on the following grounds:

a. Judgment was against the weight of evidence.

b. Further ground[s] of Appeal would be filed on receipt of the Record of Proceedings.

c. The reliefs sought from the Court of Appeal, is to set aside the Judgment and the cost awarded and judgment entered for the appellant.

Before dealing with the arguments canvassed in support and against this appeal, I would like to give a brie…

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