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SUSAN BANDOH
V.
DR. MRS. MAXWELL APEAGYEI-GYAMFI AND ALEX GYIMAH

(2019) JELR 67496 (SC)

Supreme Court 6 Jun 2019 Ghana
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- The Supreme Court reversed the Court of Appeal’s decision, upholding the validity of the appellant’s 1979 lease from the Nungua Stool, despite the subsequent chieftaincy prohibition of the grantor, as equity and lack of public notice prec

Case Details

Suit Number:CIVIL APPEAL NO. J4/16/2016
Judges:DOTSE JSC (PRESIDING), YEBOAH JSC, APPAU JSC, PWAMANG JSC, MARFUL-SAU JSC
Counsel:JACOB NOI FOR THE PLAINTIFF/RESPONDENT/APPELLANT; YAW D. OPPONG FOR THE DEFENDANTS/APPELLANTS/RESPONDENTS

JUDGMENT

MARFUL-SAU, JSC:

This is an appeal against the unanimous decision of the Court of Appeal dated the 29th January 2015, which reversed the judgment of the trial High Court dated the 2nd December 2008. In this appeal, the plaintiff/respondent/appellant will be known as the appellant, while the defendants/appellants/respondents shall be referred to as respondents. The brief facts of the case are that appellant’s mother one Dr. Evelyn Vanderpuye acquired the land in dispute in the 1970’s from the Nungua Stool. After the said acquisition the mother went into possession and erected corner pillars on the land and in 1979 a lease was executed for the mother which was registered at the Land Registry as No. 1411/1992. According to Appellant they constructed a boys-quarters on the land and put caretakers on the land. The respondents however, entered the land destroyed the corner pillars, covered their reservoir and started developing the land hurriedly.

The respondents disputed the claims …

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