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SWISS WATCH CO. LTD
V.
ANNIE LARNYO ARYITEY & ORS

(2023) JELR 112688 (CA)

Court of Appeal 9 Mar 2023 Ghana
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- The case involves two consolidated suits before the High Court [Land Division], Accra. - The appellant is the 4th defendant in the first suit and the 1st defendant in the second suit. - The first suit involves a dispute over a property an

Case Details

Suit Number:H2/209/2022
Judges:MARGARET WELBOURNE JA P. BRIGHT MENSAH JA BARTELS-KODWO JA
Counsel:Emmanuel K. Barku for 4th Defendant in 1st Suit and 1st Defendant in 2nd Suit; Tetteh Josiah for Plaintiff/Respondent in 1st Suit; Festus Adams for Plaintiff/Respondent in 2nd Suit.
Location:Accra

JUDGMENT

Introduction:

The above cases cited were consolidated and are pending before the High Court [Land Division], Accra since the subject matter of litigation is the same in each case. Thus the same facts and law may apply.

The instant interlocutory appeal has been launched against the Ruling of the court delivered 23/11/2021, refusing an application by the appellant for leave to file a supplementary witness statement. The appellant is the 4th defendant in the first suit numbered BMISC/511/2011 whilst he is sued as the 1st defendant in the second suit, AL/ 13/2015.

In the first suit, Suit No. BMISC/511/2011 the plaintiff therein, Swiss Watch Co. Ltd had sued the 1st, 2nd and 3rd defendants ie Annie Laryo Aryitey, Elliot Aryitey and Edwin Aryitey respectively, for:

  1. A declaration that the plaintiffs are sitting tenants H/No. C1/3 Adabraka Accra of over forty-three (43) years sitting.

  2. A declaration that as sitting tenant of such long standing the defendants are obliged by law and conveyancing c…

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