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ASAMOAH BOAKYE V. GHANA EDUCATION SERVICE & AIRTEL GHANA LTD

(2024) JELR 112444 (CA)

Court of Appeal  •  CIVIL APPEAL NO: HI/128/2023  •  8 Feb 2024  •  Ghana

Coram
ERIC BAAH, JA ANGELINA MENSAH-HOMIAH (MRS), JA ALEX OWUSU-OFORI, JA

Appearances
VIVIAN MFODWAA GYAN ESQ. FOR PLAINTIFF/RESPONDENT. KWABENA AMPONSAH ASARE ESQ. FOR 1 DEFENDANT/APPELLANT.

Judgement

JUDGMENT

BAAH, J.A

A. BACKGROUND

This appeal challenges the decision of the Circuit Court, Kumasi, dated 26 May 2021, coram: Ali Baba Abature J, sitting as an additional Circuit Court Judge. The legal hostilities over the subject parcel of land situate at Aputuogya in the Ashanti Region, began with the issuance of a writ of summons by the plaintiff/respondent (hereafter respondent) in the Circuit Court, Kumasi, by which he sought in substance the reliefs of:

(a) Declaration of title to the disputed land (b) Recovery of possession (c)damages for trespass (d) Perpetual injunction and (e) Litigation costs.

The 1 defendant/appellant (hereafter appellant) which filed a statement of defence to contest the case, did not counterclaim. The 2 defendant decided not to partake in the hostilities. It notified the court of its intention to atone tenancy to whomsoever emerged victorious. The contest was accordingly between the respondent and the appellant. The respective cases of the parties as communic…

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