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ANDREW NII KOI DSANE & ORS. V. BENJAMIN AMON DSANE & 3 ORS.

(2018) JELR 67194 (CA)

Court of Appeal  •  CIVIL APPEAL: NO: H1/56/2018  •  15 Nov 2018  •  Ghana

Coram
GYAESAYOR J.A. (PRESIDING), SOWAH J.A., GAISIE J.A.

Appearances
MR. S. K. AMOAH FOR PLAINTIFFS/APPELLANTS,MR. ALBERT ADAARE FOR INTERESTED PARTY/RESPONDENT

Judgement

SOWAH, J.A.

Background facts

The plaintiffs/appellants issued a writ of summons against the defendants for the following:

1. An order setting aside the statutory declaration of ownership of land at Oyibi purportedly made by the defendants in respect of the plaintiffs’ ancestor Nee Okan Tsru Dsane of Teshie’s land at a place known and called Wodormiabra near Oyibi and registered as Land Registry No. 423/1985

2. Declaration of title

3. Damages for trespass

4. An order setting aside any alienation of the said land by defendants to any person or persons or group of persons or organizations.

5. Recovery of possession.

The 1st and 2nd defendants' threw in the towel and announced to the court that they no longer wished to defend the suit. The other defendants' do not appear to have participated in the trial which followed. The plaintiffs' went ahead to testify and based on the unchallenged evidence of the 1st plaintiff, the trial High Court entered judgment against the defendants on 12th June 2014 o…

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