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JUDGMENT
J U D G M E N T
In this suit the plaintiffs claim against the defendant for the following reliefs
1. A declaration that the unregistered private car (Kia-Sportage) is the bonafide
property of the 1st plaintiff as same does not form part of the estate of
Emmanuel Awuah Adjei @ Kwabena Awuah.
2. Declaration that the deceased Emmanuel Awuah Adjei @ Kwabena Awuah
gifted a chamber and a hall Suntreso-Jinijini to the 2nd plaintiff for her service
to the decease at Sefwi-Bogorkrom before his death.
NOTICE OF DISCONTINUANCE:-
On the 18th of September, 2020 the 2nd plaintiff filed notice of discontinuance of the suit
against the defendant with liberty to re-apply. The court granted it accordingly. The
2nd plaintiff ceases to be a party in the suit.
THE CASE OF THE 1ST PLAINTIFF:-
The 1st plaintiff (hereinafter referred to as the plaintiff) in his evidence before the court
said that Emmanuel Awuah Adjei (now deceased) was his uncle.
Before his uncle died he promised to buy the plaintiff a car;
According to the plaintiff, during his marriage cerebration, he used a friend’s car.
(Unregistered Kia Sportage 4x4).
On 31st December, 2017 night, the plaintiff who is a pastor told his congregants that
his uncle has intentions of buying him a car so the congregants should assist him to
thank his uncle Emmanuel Awuah Agyei. After that the 1st plaintiff prayed for his
uncle.
The plaintiff averred that his uncle wanted to buy the Kia Sportage that his friend
Amankona Joseph Kelvin gave him for his marriage ceremony. Amankona Kelvin
Agyei (PW2) was selling the car at the price of GH38,000.00. Plaintiff said that his
uncle paid (GH30,000.00) to the PW2 and it was left with GH₵8,000.00 that was in
January 2015. PW2 gave the car to the plaintiff but was keeping the document on the
vehicle.
The plaintiff said that when he asked for the remaining amount of GH₵8,000.00 from
his uncle, his uncle told him to look for the remaining amount since the car belongs to
the plaintiff. The plaintiff looked for some money somewhere and paid the GH₵8,000.00 to PW2 bringing the total sum of money to GH₵38,000.00 this was in
November, 2018. Plaintiff said that after he paid the last tranche of GH₵8,000.00 to
PW2, PW2 released the documents on the vehicle to him.
The plaintiff tendered in evidence the payment receipt for the import of the vehicle as
exhibit A, the certificate of purchase of the vehicle by the plaintiff as Exhibit B, Custom
documents as Exhibit ‘C’