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POKU AND ANOTHER
V.
KWAO AND ANOTHER

(1990) JELR 84954 (SC)

Supreme Court 13 Mar 1990 Ghana
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- The plaintiffs/respondents (Omenako and Yehowa) brought proceedings by originating summons against the defendants/appellants (Kojo and Komesor) seeking a declaration related to the balance of a purchase price for the Mayewa lands, alleged

Case Details

Judges:ADADE JSC., TAYLOR JSC., FRANCOIS JSC., WUAKU JSC., AMUA-SEKYI JSC.
Counsel:S. A. X. Tsegah (with him Ansa Obiri) for the defendants-appellants. Adumua Bossman for the plaintiffs-respondents
Other Citations:[1989-90] 2 GLR 82-96

JUDGMENT

AMUA-SEKYI J.S.C.

These proceedings were commenced by an originating summons taken out by Yaw Omenako and Yaw Yehowa, as the applicants, against Theophilus Kojo and one Komesor, as the claimants. By it the claimants were called upon to show the extent of their interest in an amount of ¢24,000 which the applicants said, was the balance of the purchase price of certain lands, known as Meyewa, sold to Kwahu farmers whom they represented, by a syndicate of Krobos acting by Kojo, the first claimant.

Upon being served with the summons, Kojo Komesor deposed to affidavits in which they denied having any interest in the sum stated on the summons. They admitted that there had been negotiations between the Kwahu farmers and Kojo for a sale of land but said that the projected sale was repudiated by the Krobos. They said that although an amount of ¢5,000 was paid this was in respect of costs in certain litigation between Kojo and one Dankwa.

One would have thought that upon being served with…

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