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KWABENA APPIAH V. SARAH ODONKOR HESSE

(2023) JELR 114734 (CA)

Court of Appeal  •  SUIT NO. H1/208/2018  •  20 Apr 2023  •  Ghana

Coram
CECILIA H. SOWAH, JCA (PRESIDING) ANTHONY OPPONG, JCA KWEKU T. ACKAAH BOAFO, JCA

Appearances
AMOS TETTEH NARH FOR THE APPLICANT – PRESENT DANIEL AMANKWAH HOLDING BRIEF FOR A. K. OSEI-OWUSU FOR 1ST & 2ND RESPONDENTS- PRESENT EDDIE MACCARTHY FOR 4TH RESPONDENT – PRESENT DANIEL AMANKWAH HOLDING BRIEF FOR J.B. DANQUAH FOR THE 3RD RESPONDENT – PRESENT

Judgement

J U D G M E N T 

ANTHONY OPPONG JA: 

Plaintiff/Respondent to be referred to simply as Respondent claimed to have obtained a lease of land from one Madam Doreen Boatemah Bitihene by way of assignment dated 25th July 1995. Respondent claimed further that when he acquired the land he took immediate possession by erecting pillars and constructing concrete foundation for a house. 

Respondent pleaded that defendant/appellant to be referred to simply as appellant trespassed unto his (respondent’s) land and started constructing a house on the plot of land. 

Consequently, respondent sued appellant at the court below and claimed declaration of the 0.44 acre land situate and being at Dome Village, Accra; recovery of possession of the said land; perpetual injunction and general damages for trespass. The appellant denied the claim of respondent. She claimed to have acquired 0.24 acre land situate and being at North-Dome, Accra in 1990 from the Onamrokor Adain Family but was not issued with any documen…

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