ANTHONY KESSE V. ADWOA AGYEIWAA
(2017) JELR 66073 (CA)
Court of Appeal
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CIVIL APPEAL NO.: H1/54/2017
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24 Oct 2017
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Ghana
Coram
E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A., A. M. DOMAKYAAREH (MRS.) J.A.
Appearances
ELIOT GHARTEY FOR THE DEFENDANT/APPELLANT,MARGARET MARY AGYEI TWUM FOR THE PLAINTIFF/RESPONDENT
Judgement
<p><strong>DOMAKYAAREH (MRS), JA</strong></p><p>1. This appeal has arisen from a dispute involving title to a plot of land situate at Fawoade New Site near Kumasi.</p><p>The genesis of the dispute is that the plaintiff/respondent (herein after called the respondent) per her Statement of Claim, averred that she acquired the said plot of land in 1998 from the Oheneyere Atta Gyapomaa Stool Land at Fawoade New Site. She was issued with an Allocation Note and a Site Plan. She said she caused a Building Plan to be drawn for her. She started construction of a six bedroom, a hall, kitchen, one toilet and one bath and two store rooms on the plot according to her Building Plan which was approved by the District Assembly. After constructing up to the floor level she suspended construction due to financial constraints and started a garden in-front of the house. She had a call from her son in 2011 that someone had started construction on the foundation she had laid. She went to the site and discovered that the defendant/appellant …</p>