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MARY TSOTSO LARYEA & 3 ORS.
V.
AMARKAI LARYEA

(2015) JELR 64106 (CA)

Court of Appeal 26 Mar 2015 Ghana
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- The High Court in Accra entered judgment for the plaintiff, conferring ownership of House No. D453/3 Arena, Accra on all surviving children of the late Daniel Maxwell Laryea and restraining the defendant from ejecting the plaintiffs from

Case Details

Suit Number:SUIT NO. H1/102/2014
Judges:OWUSU M. (PRESIDING), ADUAMA OSEI J.A., SOWAH J.A.
Counsel:MR. SOMUAH ASAMOAH FOR RESPONDENTS,MR. PHILIP JIMANOR FOR APPELLANT

JUDGMENT

MARIAMA OWUSU, J.A.

On 20-10-2011, the High Court, Accra, in its judgment held among other things as follows:

“In conclusion I enter judgment for the plaintiff for relief (a) endorsed on their writ of summons and confer ownership of House No. D453/3 Arena, Accra on all the surviving children of the late Daniel Maxwell Laryea. The defenda nt is further restrained from ejecting the plaintiffs from the said house.

On the evidence, I am unable to declare the defendant sole legal and beneficial owner of the property because the gift inter vivos on which he relied was not conclusively proved.

Secondly, his senior brothers before him conducted the management of the property to the benefit of all the children. Thirdly, the defendant by his own evidence recognized the beneficial interest of the plaintiffs in the property. Defendant also admitted that the father’s signature on Exhibit 2 is not his normal signature explaining that it is on account of some 40 years difference. Above all, the…

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