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OSEI BONSU & 2 ORS
V.
KWADWO MENSAH & ANOTHER

(2003) JELR 63487 (CA)

Court of Appeal 13 Feb 2003 Ghana
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- Plaintiffs (Appellants) sought a declaration that Plot No. 17, Block 111, Ampabame, Kumasi, was family property, contending the transaction giving respondents (Defendants) possession was a customary law pledge, not a sale, and sought reco

Case Details

Suit Number:CIVIL APPEAL NO. 2/2003
Judges:LARTEY J.A., OWUSU ANSAH J.A., ANIM J.A. C
Counsel:OBENG MANU FOR THE PLAINTIFF/APPELLANT

OWUSU J.A.:

The plaintiffs/appellants hereinafter referred to as Appellants, issued a writ against the Defendants/Respondents referred to simply as Respondents jointly and severally for the following reliefs:

(i) "An order that plot No. 17 Block 111, Ampabame, Kumasi was acquired by Kwame Appiah (deceased) and developed by Akwasi Obeng (deceased) and is thus family property.

(ii) "An order that the transaction which took place between Akwasi Obeng (deceased) and defendants herein which led to the possession of the house by Defendants was a customary law pledge and not a sale and for a further order nullifying any purported sale of the said house and land."

(iii) An order for recovery of possession of the said house from Defendants upon tendering the pledge sum of N ¢600.00 (six Hundred Cedis).

The Respondents resisted the Appellant's Claim contending that the plot No.17, Block 111, Ampabame, Kumasi with the building thereon was the property of Kwasi Obeng. That they bought the said buildin…

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