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REPUBLIC
V.
NYAN; EX PARTE DUNCAN

(1999) JELR 69484 (CA)

Court of Appeal 11 Feb 1999 Ghana
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- The case involves a dispute over the ownership and occupation of a property in Cape Coast. - In a consent judgment, it was agreed that the property was jointly owned by the families of both parties. - The judgment specified that the plain

Case Details

Judges:OFORI-BOATENG JA, FORESTER JA, FARKYE JA
Counsel:E VA ADJETEY FOR THE APPELLANT; KWESI CAB-ADDAE FOR THE RESPONDENT.
Other Citations:[1999-2000] 1 GLR 477

JUDGMENT FORSTER JA.

On 22 March 1959 an appeal from the judgment of the Cape Coast Municipal Court was filed at the Lands Court of the Central Judicial Division. The case was titled: Aba Donkoh and Or v. Joseph Adzinyina Duncan. In a consent judgment, the parties agreed that H/No B82/2 Intsin St, Cape Coast was jointly owned by the families of both parties. It was agreed further by the parties that the family of the plaintiff-respondent should occupy the ground floor of the building while the family of the-defendant-appellant occupy the top floor of the house, and that the second defendant-appellant, Aabah, was to have the use of room No 4 during her lifetime, with a reversion to the family of the plaintiff. Each family was to bear payment of rates in respect of the portions of the house, given to them in the judgment. And in the event of the house falling into ruins, the land was to go to the family of the plaintiff.

On 3 October 1995, pursuant to leave granted by the High Court, Cape…

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