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(2025) JELR 113252 (CA)

Court of Appeal 23 Jan 2025 Ghana
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- The Court of Appeal held that the Defendants/Appellants are entitled to ownership of the 2nd Chamber and Hall, finding the transaction constituted a sale as evidenced by clear, duly executed receipts (Exhibits A, 6, and 7). - The trial co

Case Details

Suit Number:H1/162/2023
Judges:BARTELS-KODWO, J.A. (PRESIDING) ASARE-BOTWE J.A. DR. OWUSU-DAPAA J.A.
Counsel:Raymond Felli for Defendant/Appellant. David Vandyck for the Plaintiff/Respondent absent.
Location:Accra

BARTELS-KODWO JA

This is an appeal against the judgment of the Circuit court dated 26th May, 2022 in favour of the Plaintiff/Respondent. Consequently the Defendant/Appellants filed a Notice of Appeal which can be found at pages 146-147 of the Record of Appeal (ROA) praying this court to vacate part of the trial court’s judgment which adjudged the Respondent to be entitled to the 2nd Chamber and Hall. 

The background to the appeal:

The Plaintiff/Respondent on 13th July 2020 sued the Defendants/Appellants at the Circuit Court claiming inter alia a declaration that the Defendants/Appellants have always been tenants and not owners of the rooms in dispute, conversion of monies paid to him by the Defendants/Appellants in the sum of Gh¢27,500 into rents, an order for rent arrears outstanding to be paid the Plaintiff/Respondent. In this judgment the parties will henceforth be referred to as Appellants and Respondents.

The Respondent’s case is that the Appellants are a married couple and are his t…

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