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BENJAMIN OSEI V. KIESER

(2004) JELR 69489 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 90/2002  •  27 Feb 2004  •  Ghana

Coram
OMARI-SASU J.A. (PRESIDING), TWENEBOAH KODUA J.A., QUAYE J.A.

Judgement

OMARI-SASU, J.A.

On January 22, 2004, this court entered judgment for the Plaintiff-Respondent (hereinafter to be referred to simply as the Respondent) and against the Defendant-Appellant (who shall henceforth be referred to as the Appellant) but the reasons for the decision were deferred. They are now stated hereunder.

From the endorsement on the writ, the Respondent claimed against the Appellant as follows:—

(a) A declaration of title to that piece or parcel of farm land with cocoa and foodstuffs on it situate and lying at a place commonly known and called BRUTASE on AYOMSO Stool land and having boundaries with Kofi Baasare, S.K. Danso; Donkor Kieser; Kwaku Wiredu and Adwoa Boah – succeeded by Plaintiff.

(b) Damages for trespass.

The writ was issued out together with a Statement of Claim on December 10, 1985. After entering appearance the Appellant filed his Defence to the claim on March 27, 1986. At Summon for Directions stage two (2) issues were set out to be resolved. These are:

(1) Wh…

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