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Crime & Punishment of Thursday, 22 December 2016

Source: Julien Owusu Abedi

Dr. Duffuor & Co. floors Nelson Yankah in court over Roman Ridge property

The allegation of fraud brought by Mr. James Topp Nelson Yankah(plaintiff) at an Accra High Court against Dr. Kwabena Duffuor Jnr., Lucsmani Company Limited and Frank Lewi (defendants) over a certain land property in Roman Ridge has been ruled in favor of the defendants.

The action having been tried at the Land Division of the High Court presided over by His Lordship I.O Tanko Amadu who sat in as an additional judge ruled that “on the totality of proof adduced during the trial, there has been no evidence to substantiate Plaintiff’s allegation of fraud and his claim of interest in the subject matter and therefore plaintiff’s claims against all defendants fails in it’s entirety.”

The Judge further stated that the 1st Defendant(Dr.Kwabena Duffuor Jnr) per the evidence before him was the true and lawful owner of the subject matter that is H/No. 2, Continental Crescent, Roman Ridge Accra without any reservation.

He said, the 1st Defendant’s proprietary rights over the property have been supported by documentary evidence which has not been discredited nor contradicted and therefore the transfer of title in the property to the 2nd defendant was valid in law.

Justice Tanko Amadu proceeded to make a declaration of title in favor of the 2nd defendant as beneficial owner for value over the disputed property and a consequential relief of ejectment against the plaintiff as well as an immediate repossession thereof of property by the 2nd defendant.

The plaintiff was also ordered by the court to refund a sum of US$4,000 or it’s cedi equivalent together with interest at the commercial bank interest rate as monthly rent from 6th October 2015 till date of delivery of vacant possession.

A cost of Gh¢2,500 was slapped on the plaintiff in favor of the 1st defendant and another Gh¢5,000 each against the plaintiff in favor of the 2nd and 3rd defendants.