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AMA BONSU V. YAW BOAHENE

(2016) JELR 67612 (CA)

Court of Appeal  •  CIVIL APPEAL NO. NO: H1/01/2015  •  10 May 2016  •  Ghana

Coram
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO, (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA

Appearances
BRIGHT OBENG- MANU FOR DEFT/APPELLANT – ABSENT ,JUDITH ADUSEI FOR PLAINTIFF/RESPONDENT – PRESENT

Judgement

AYEBI, JA

1. This is an appeal against the judgment of Kumasi Circuit Court (2) dated 28th October 2013, by the defendant. At the trial court, the plaintiff claimed the following reliefs:

a. Declaration that the plaintiff is the assignee/owner of Plot No. 20 Block “B”, Suame Tarkwa, Kumasi.

b. An order for recovery of possession.

c. An order of injunction restraining the defendant, her agents, workmen and assigns from in any manner interfering with the plaintiff’s ownership and enjoyment of the subject property.

2. The case put forward by the plaintiff in support of his claim is that he is the assignee of Plot No. 20 Block “B”, Suame Tarkwa, Kumasi from Opanin Yaw Kyere and his family. He tendered a copy of the assignment in his favour as Exhibit A with the consent to assign by the Lands Commission. The said Plot No. 20 Block “B” shares boundary with the Offinso Road in the South-West; Plot 19 in the North-West; Plot 28 in the North-East and Plot 21 in the South-East.

3. According to the pl…

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