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VERONICA POKU
V.
MARY LARTEY

(2014) JELR 64168 (CA)

Court of Appeal 23 Nov 2014 Ghana
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- The Court of Appeal affirmed the High Court’s finding that legal title to the disputed land vested in the plaintiff, as evidenced by the 2000 indenture in her name; the defendant’s claim of a resulting trust in favor of the plaintiff’s de

Case Details

Suit Number:CIVIL APPEAL: SUIT NO: H1/126/2014
Judges:KUSI-APPIAH (PRESIDING), ADUAMA OSEI J.A., WELBOURNE (MRS.) J.A.

KUSI-APPIAH, J.A:

The simple issue in this appeal is the factual one of determining whether the plaintiff (now respondent) or her son Richard Peprah (now deceased) is the rightful owner of the disputed land.

In my view that issue was elaborately pleaded and adequately canvassed at the trial to obviate any blurring of it. I turn first to the pleadings. In paragraph 2, 3, 4 and 5 of the statement of claim, the plaintiff alleged that by virtue of an agreement concluded between her as purchaser and one DORIS LOLONYO HOTSE as the vendor evidenced by an indenture dated 20th day of June, 2000, she purchased the disputed property in this case and put her son Richard Peprah in occupation of same and left for the United States of America.

The plaintiff avers that Richard Peprah having passed away, defendant (now appellant) is currently in occupation of the disputed property without her consent for which reason the plaintiff demanded in vain that defendant immediately quit the disputed property and…

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