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ALHAJI KAMARA V. REV. DR. PAUL DAPAA

(2017) JELR 64511 (CA)

Court of Appeal  •  SUIT NO. H1/12/2017  •  30 Nov 2017  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.

Appearances
KWADWO DEI KWARTENG ,PIUS KWADWO ASARE

Judgement

TORKORNOO (MRS), J.A.

The Plaintiff/Respondent commenced this action against the 1st Defendant/Appellant for the following reliefs:

a. A declaration of title to all Building Plot No. 56 Block B on the Boagyaa-Taabuo Stool Land with a One (1) bedroom house on it at Atimatim Taabuom is vested in the Plaintiff.

b. Recovery of possession.

c. Special damages of Two Thousand Ghana cedis (GH¢2,000.00) for the destruction of fence wall, gate and orchard.

d. General damages for trespass.

e. Perpetual injunction restraining the Defendant, his agents, servants workers, assigns etc. from having any dealings with or on the Plaintiff’s plot.

f. Costs.

In the title of the suit, he indicated that he was ‘suing for himself and on behalf of his brother Justice Kwaku Ennuson’. The 2nd Defendant later applied to join the suit.

The Respondent’s case in his Statement of Claim was that he purchased the property in issue ‘for his junior brother called Justice Kwaku Ennuson’ from the Boagyaa Taabuo Stool in 2003. He c…

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