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MADAM MERCY KWAKU
V.
GABRIEL MENSAH AHIABLE & ANOR

(2010) JELR 115809 (CA)

Court of Appeal 11 Feb 2010 Ghana
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Case Details

Suit Number:HI/77/09
Judges:MR. R. K. APALOO, JA, MRS. IRISMAY BROWN, JA, MR. E. K. AYEBI, JA
Counsel:MR. THOMAS HUGHES FOR DEFENDANT/APPELLANT. MR. DAN AGGEY FOR THE PLAINTIFF/RESPONDENT
Location:Accra

JUDGMENT

AYEBI, JA

This is an appeal from the decision of the Ho High Court dated 14th June 2007. The plaintiff/respondent is the tenant of the defendant/appellant, while the co-defendant/appellant is the alleged purchaser of the subject-matter of the tenancy between the plaintiff and defendant. 

For ease of reference in this judgment, I will refer to plaintiff/respondent simply as plaintiff, defendant/appellant as defendant and co-defendant/appellant as co-defendant.

The subject-matter of the suit is H/No. ASI-B357 with land situate and lying at Gbedekope, Teshie-Aflao in the Ketu South District. It is owned by the defendant who himself resides at Dzelukope-Lormnavakope in the Keta District. Plaintiff trades mainly in foam mattresses and such products.

In early 1997, the plaintiff saw an uncompleted building consisting of a store and a single room.  She desired it for her business.  She traced the defendant, whom she got to know as the owner to his place of residence.

Defendant agree…

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