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ASARE & ANOR V. KAJIMA-SHIMIZU JOINT VENTURES & ANOR

(1992) JELR 82983 (HC)

High Court  •  27 Apr 1992  •  Ghana

Coram
BENIN J.

Appearances
Dr Ekow Daniels For the Plaintiff-Respondents. E. F. Short For the Defendant-Applicants.

Judgement
<p style="text-align: justify;"><strong>BENIN J.</strong> </p><p style="text-align: justify;">The plaintiff and the co-plaintiff are respectively the paramount chief and divisional chief of the Assin Atandansu paramountcy in the Assin Atandansu Traditional Area, and bring this action in their representative capacities. The reliefs sought as indorsed on the writ are these:</p><blockquote><p style="text-align: justify;">&quot;(1) A declaration of title to the lands described in the statement of claim.</p><p style="text-align: justify;">(2) A declaration that the purported grant of the lands by the second defendant to the first defendant is null and void and of no effect whatsoever.</p><p style="text-align: justify;">(3) Damages for trespass.</p><p style="text-align: justify;">(4) An injunction to restrain the defendants whether by themselves, their servants or agents from further trespassing and carrying on the business of quarry and building construction thereon without the prior consent of the plaintiffs.</p><p style="text-align: justify;">(5) An account of all payments of any valuable consideration whether in cash or in kind made by the first defendant to the second defendant.&quot;</p></blockquote><p style="text-align: justify;">The writ was accompanied by a statement of claim in which the lands were described. …</p>

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