[1977]DLCA1436 • December 28, 1977 • Court of Appeal
VANDERPUYE vs. NARTEY
The appellant, Dr. Nee Attoh Vanderpuye, alleged that the respondent, Nartey, was responsible for the administration of properties left to him by his deceased father under an agency agreement. The dispute concerned properties and monies that had come into the respondent's hands, some from sales of estate properties, which the appellant claimed were part of his father's estate. The respondent denied owing these properties or monies to the appellant. The case involved substantial property value and issues to be tried on the pleadings and affidavits.
read moreJUDGMENT OF AMISSAH J.A. Amissah J. A. delivered the judgment of the court. In July this year we allowed the appeal of Dr. Nee Attoh Vanderpuye, the appellant, against a decision of Edusei J. dismissing a motion brought by the appellant. The motion was for an order for the interim protection of property pending the final determination of the case between the parties, and the payment of moneys absolutely to the appellant. Our order upon allowing the appeal was that the Registrar-General or his representative be appointed as receiver to protect the property in the case pending its determination. We made no order in respect of the payments of the moneys. The grounds for the learned High Court judge’s dismissal of the motion were that another application similar to the present in all material particulars had been before Griffiths-Randolph J. earlier and had been dismissed. If the applicant was aggrieved by that ruling his proper course, according to Edusei J., was either to appeal aga.....