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ADU KOFI DJIN V. SEIDU MUSA BAAKO

(2006) JELR 68365 (SC)

Supreme Court  •  Civil Appeal No. J4/3/2006  •  15 Nov 2006  •  Ghana

Coram
Atuguba J.S.C., Mrs. Wood J.S.C, Prof. Ocran J.S.C, Ansah J.S.C, Aninakwa J.S.C.

Judgement

ANINAKWAH, J.S.C.

Following two earlier judgments at the lower courts, the issues to be determined in this case have considerably narrowed down.

The main issue which the Plaintiff/Respondent/Appellant (hereinafter referred to as the Plaintiff) considers as his core issue to be determined by this court is-whether the Counterclaim of the Defendant/Appellant/Respondent (hereinafter referred to as the Defendant) is statute barred.

On 5th February 1999, the plaintiff filed this action at the High Court Accra, claiming against the Defendant the following reliefs:

1. Declaration of title to all that piece of land at Laterbiokorshie Accra described on the indorsement to the Writ of Summons.
2. General Damages for trespass.
3. Special Damages for destruction of Wall around the said land.
4. Perpetual Injunction against, the defendant his agents, servants, workmen and assigns.

Plaintiff pleaded in paragraphs 1(a), 2, 3(a), 4, 5, 6, 7 and 8 of his Amended Statement of claim, indentures and judgments as …

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