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ENOCH SIAW ANGMLERH v. EMMANUEL TETTEH OGLIE & ANOR

2012

HIGH COURT

GHANA

CORAM

  • EMMANUEL TETTEH OGLIE

Areas of Law

  • Contract Law
  • Property and Real Estate Law
  • Civil Procedure
  • Equity and Trusts

AI Generated Summary

After the death of Justice Gyamera Tawiah, the Chief Justice transferred a land dispute from the High Court in Tema to be concluded by Samuel Marful-Sau, sitting as an additional High Court Judge. The record was completed and proceedings were adopted. The plaintiff, Enoch Siaw Angmlerh, had leased two plots at Kpone–Ngmlitsakpo from the Oglie family for GH¢2000, evidenced by a receipt. A dispute ensued; the deceased 1st defendant, Nii Daniel Tetteh Oglie, ordered Angmlerh to leave the village, and the leased land was taken by another person. The 2nd defendant failed to replace the land. The court held the declaratory claim abated with the 1st defendant’s death. Relying on Exhibit A and equitable considerations, the court ordered a refund of GH¢2000 with simple interest from July 2004 at the prevailing rate and awarded costs of GH¢2,500.

JUDGMENT