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AWULAE ATTIBRUKUSU III V. OPPONG KOFI AND OTHERS

(2010) JELR 67256 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/27/2009  •  29 Apr 2010  •  Ghana

Coram
BROBBEY JSC (PRESIDING), DR. DATE-BAH JSC, ADINYIRA (MRS) JSC, BAFFOE-BONNIE JSC, ARYEETEY JSC

Appearances
W. A. N. ADUMUA-BOSSMAN FOR THE DEFENDANTS /RESPONDENTS /APPELLANTS; KODWO ERSKINE FOR THE PLAINTIFF/APPELLANT/RESPONDENT.

Judgement

JUDGMENT

ARYEETEY, JSC

In this judgment we would refer to the plaintiff/appellant/respondent as the plaintiff and the defendants/respondents/appellants as the defendants. The endorsement on the plaintiff’s writ of summons which was issued on 17th June 1996 in his claim against the defendants is for the following reliefs:

a) Declaration of title to all that piece and parcel of land situate, lying and being within Lower Axim Traditional Area in the Western Region of Ghana measuring 15 square miles and bounded on the North by the Main Axim-Takoradi Motor Road, on the South by the Agyambra Stool Lands, on the West by Domunli/Agyan and Akonu Stool Lands and on the East by Agyambra and Abura Stool Lands;

b) RECOVERY OF POSSESSION;

c) DAMAGES FOR TRESPASS;

d) PERPETUAL INJUNCTION against the defendants, their agents and/or servants, assigns and workmen etc. from interfering with the plaintiff and the Royal Nvaviley Family of Lower Axim and the stool’s possession occupation and enjoyment of the sa…

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