OBIRI YEBOAH APPIAHENE
V.
ISAAC ANTWI

(2015) JELR 107668 (HC)    
High Court  ·  SUIT NO: AP 100/2015 ·  27 Nov 2015 ·  Ghana
CORAM
JUSTICE NOVISI AFUA ARYENE (MRS.)
Core Terms Beta
plaintiff
title
plots
land
declaration of title
order
atomic hills housing estate
certificate of purchase
evidence
fence wall
1st defendant
interest of the judgment debtor
properties
rules
2nd defendant
judgment
purported auction of plaintiff
statement of claim
tenmote akakpo
2nd edition of ghana land law
case of plaintiff
civil procedure
days of the sale of immovable property
deed of agreements
defendant judgment
deputy sheriff
evidence exhibit c series
evidence indentures
execution of judgment
fence wall of the disputed properties
high court
justice novisi afua aryene
justice of the high court
lvd 23852b
otuafro aryeh
plaintiff’s grantors
proper interpretation of order
public auction
purported certificate of purchase
purported sale of his property
sublease agreements
such evidence of title
unexpired term of the head lease
valid transfer of the right

JUDGMENT 

By deed of agreements dated 14th November 1996 and 28th April 1997, plots numbered C8/8 and  C8/9 situate at Atomic Hills Housing Estate, Accra were leased to plaintiff. The plots are  covered by sublease agreements which were admitted in evidence as exhibits A and B.  

A fence wall was constructed around the properties and a caretaker engaged by plaintiff who  farmed on the land. Plaintiff averred that he enjoyed quiet and peaceful possession of the  property until December 2014 when 1st defendant caused a certificate of purchase to be posted  on the fence wall. Enquiries showed that 1st defendant purchased the two properties at a public  auction conducted on 9th September 2014 in execution of judgment obtained by 2nd defendant in  suit no AL 14/2006 entitled Iddrisu Ayaa Tetteh v. Winfred Otuafro Aryeh and Anor. It is the  case of plaintiff that the purported sale of his property was wrongful as the said Winfred Otuafro  Aryeh, defendant judgment/debtor in suit no AL 14/200…

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