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MR. AND MRS. AKOTO
V.
JOHN KADO AND 3 ORS.

(2008) JELR 66070 (CA)

Court of Appeal 10 Jul 2008 Ghana
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- This is an appeal from a judgment of the Circuit Court in Kumasi. - The plaintiffs are seeking ejectment and recovery of possession of a house they claim to own. - The defendants deny the plaintiffs' claim and argue that the house is fami

Case Details

Suit Number:CIVIL APPEAL NO. H1/285/2005
Judges:PIESARE J.A. [PRESIDING], APALOO J.A., MARIAMA-OWUSU J.A.
Counsel:MR. PETER KWAME KORNOR FOR THE DEFENDANTS/APPELLANTS ,MR. F. AKWASI OPOKU FOR THE PLAINTIFF/RESPONDENT

JUDGMENT

MARIAMA OWUSU

This is an appeal from the judgment of the Circuit Court, Kumasi, dated the 24-1-2001. The Amended Grounds of Appeal pursuant to leave granted on the 23-5-07 are as follows:—

1. The judgment is against the weight of evidence.

2. The trial Circuit Court, Kumasi, had no jurisdiction on account of the value of the disputed house at the time it purported to trial the case.

The relief being sought from this court is that the judgment of the Circuit, Kumasi, be set aside.

The back ground to this case is as follows;

The plaintiffs claim against the defendants, jointly and severally the following reliefs

[a] Ejectment and recovery of possession of the rooms the defendants are occupying at House No. PLT 11, BLOCK X, New Amakom, Kumasi, since plaintiffs urgently need same for their own use and for the use of members of their family.

[b] Mense profits.

In their 8 paragraph statement of claim, the plaintiffs aver among other things that, they are the owners of the House mentioned sup…

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