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NANA KWADWO POKU
V.
MICHAEL ADUSEI

(2018) JELR 63969 (CA)

Court of Appeal 24 Jul 2018 Ghana
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- The case involves a dispute over the ownership of 33 building plots of land in Ghana. - The plaintiff, who is a Ghanaian living in Germany, acquired the land from the defendant in accordance with Ashanti Customary Land Law and Practice. -

Case Details

Suit Number:SUIT NO. H1/02/2017
Judges:ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.
Counsel:CHARLES AGBANU FOR DEFENDANT/APPELLANT; YAHAYA SEIDU FOR PLAINTIFF/RESPONDENT.

WELBOURNE, JA

This is an appeal against the judgment of the High Court, Kumasi, dated 1st June, 2016.

BRIEF FACTS:

The facts in this case are fairly simple and straightforward.

The Plaintiff/Respondent who is a Ghanaian by birth and nationality; but, domiciled in Germany, acquired about thirty-three (33) building plots of land from the Defendant/Appellant herein in accordance with ASHANTI CUSTOMARY LAND LAW AND PRACTICE in 2008. The said acquisition, which was free from all encumbrances, was reduced into writing. Customary drinks were provided to legitimize, validate, regularize and perfect the entire transaction. A site plan; allocation note and receipt were all issued by the Defendant to the Plaintiff after the Defendant had received substantial amount of money in the form of consideration. For some inexplicable reasons; the Defendant later sold the same building plots to third parties after collecting huge and fantastic amount of monies from the said third parties. The Defendant pocket…

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