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KWASI ABENE
V.
MADAM YAA AFRA

(2017) JELR 64862 (CA)

Court of Appeal 16 Feb 2017 Ghana
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- The Court of Appeal affirmed the trial court’s decision, holding that the plaintiff/respondent’s family is the beneficial owner of the disputed property, as the defendants failed to adduce credible evidence (particularly through DW1) prov

Case Details

Suit Number:CIVIL APPEA NO: H1/6/2014
Judges:E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA

AYEBI, JA

1. From the record of appeal, this suit was launched by Madam Yaa Afrah on 6th September 1993 against Kwasi Abene in the High Court. The subject-matter in dispute between the parties is H/No. plot 18, Block “C” Nsema-Atwima. All the evidence in the case were presented before Piesare J (as he then was). Specifically on 22nd July 1998, the defendant closed his case. At the request of counsel for the plaintiff that day, the court adjourned the matter to 31st July 1998 to visit the locus at 2.00pm.

2. But there were no proceedings in the matter until 19th January 2010 when the suit was placed before Debrah J. And when he was properly seised with jurisdiction over the suit by the Chief Justice’s order of transfer, all Debrah J did was to order written submissions upon which he delivered judgment on 24th January 2012.

3. The claim of the plaintiff as endorsed on the writ of summons against the defendants jointly and severally is for:

(a) A declaration that the immediate family members…

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