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PRINCE WILLIAM TAGOE v. ALBERT G. K. ACQUAH

March 11, 2009

SUPREME COURT

GHANA

CORAM

  • BROBBEY, J.S.C. (PRESIDING)
  • ANSAH, J.S.C.
  • ADINYIRA, J.S.C.
  • DOTSE, J.S.C.
  • ANIN YEBOAH, J.S.C

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

Justice Anin Yeboah J.S.C. delivered the Supreme Courts decision in an appeal arising from landlordtenant litigation over house H/ 12/N2 C2 at Tema. The Circuit Court had entered judgment for the respondent landlord, ordering ejectment and recovery of rent arrears after a lease dispute dating to 1981. The appellant denied the respondents title and invoked an alleged agreement with the respondent and one Quartey Papafio, but the trial court found the respondent owned the property. The Court of Appeal refused the appellants motion for a stay of execution on 4 December 2007. On further appeal, counsel argued that PNDCL 5 and section 8(1) of the Interpretation Act affected title, and that hardship warranted a stay. The Supreme Court held it would not substitute its discretion for the Court of Appeals and dismissed the appeal for failure to show a misexercise of discretion.

JUDGMENT