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SINO-AFRICA DEVELOPMENT CO. LTD
V.
LYDIA MENSAH

(2017) JELR 67637 (CA)

Court of Appeal 9 Nov 2017 Ghana
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- The case is an interlocutory appeal against a ruling of the High Court, Land Division Tema, delivered on 19th December 2017, where the defendant/appellant seeks to set aside the ruling and join the three clan heads of Appollonia as second

Case Details

Suit Number:CIVIL APPEAL NO. H1/115/2017
Judges:KUSI-APPIAH J.A. (PRESIDING), ADUAMA-OSEI J.A, AGYEMANG (MRS) JA
Counsel:STEPHEN S. CHARWAY FOR DEFENDANT / APPELLANT,MR. SALLAS OSABUTEY FOR PLAINTIFF / RESPONDENT

JUDGMENT

AGYEMANG JA

In this interlocutory appeal against the ruling of the High Court, Land Division Tema, delivered on 19th December 2017, the defendant/appellant seeks a setting aside of the said ruling, and a further order joining the three clan heads of Appollonia as second, third and fourth defendants.

The plaintiff sued out a writ of summons against the defendant/appellant at the court below seeking interalia, a declaration of title to “all that piece or parcel of land ...which pieces of land total 103.68 acres”, a declaration that the defendant has trespassed onto a large portion thereof, and an order for recovery of possession of the said land. In the accompanying statement of claim, the plaintiff pleaded that it had on 27th January 2014, acquired the said parcel of land as the assignee of the unexpired term of a lease for a term of ninety-nine years held by a real estate company: Delimawue Company Limited (referred to hereafter as “Delimawue”).The said lease had been acquired b…

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