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ZONGONAA KUNGARI AND 10 OTHERS
V.
RUKAYATU USMANU

(2017) JELR 63548 (CA)

Court of Appeal 9 Nov 2017 Ghana
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- Plaintiff claimed title and recovery of possession of House No. E227/16, Mamobi, Accra, based on a purported purchase from Hajia Hawa Awu, who claimed to have inherited the property from her brother, Abdulai Dagati, and subsequently obtai

Case Details

Suit Number:CIVIL APPEAL NO. H1/182/2016
Judges:V.D. OFOE J.A. (PRESIDING), F.G. KORBIEH J.A., CECILIA H.SOWAH (MRS.) J.A.
Counsel:BEDE TUKUU FOR THE PLAINTIFF/RESPONDENT,BAABA AUTO FOR THE DEFENDANTS/APPELLANT

F.G. KORBIEH, J.A.

The plaintiff’s case against the defendants in the trial High Court in Accra may be summarized as follows. She purchased House No. E227/16 situate and being at Mamobi, Accra from one Hawa Awa alias Hajia Bawa (deceased) and was given a receipt dated the 1/6/2001. She also averred that Hawa Awu gave her a deed of assignment dated 2/4/2001 which was “duly executed” by the Lands Commission on the 11/4/2001. The original lease on the house was executed between Abdulai Dagati (Lessee) and Nii Notei Owu III (Lessor) and registered at the Lands Registry with No. 4325/1985 was passed on to her by Hawa Awu. She averred that Hawa Awu was the junior sister of Abdulai Dagati and had inherited the property on the 23/9/1981 by virtue of a statutory declaration made by Abdulai Dagati on the 3/1/1976. She further averred that Hawa Awu had been granted Letters of Administration on the 6/2/1987 to administer the movable and immovable property of Abdulai Dagati who had died without wif…

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