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BENJAMIN QUARCOPOME SACKEY V. ISSAKA A. MUSA

(2010) JELR 69498 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/93/2010  •  20 May 2010  •  Ghana

Coram
ABBAN (MRS.) J.A. (PRESIDING), KUSI–APPIAH J.A., GYAESAYOR J.A.

Judgement

JUDGMENT

KUSI-APPIAH, JA

This is an appeal against the judgment of the Circuit Court, Accra dated 1ST November, 2005. By his amended writ of summons, the plaintiff claimed against the defendant for:

“(1) Declaration of title

(2) Damages for trespass

(3) Injunction restraining the defendants and his privies from interfering with the land, the subject matter of the suit,

(4) Recovery of possession of the land described in paragraph 2 of the amended Statement of claim and defence to counterclaim.”

The defendant denied the plaintiff’s claim and counter-claimed as follows:

“(a) Declaration of title to all that piece or parcel of land with a building lying situate and being at Abeka within the MULCOSE lands and bounded on the north by Nokoi Olai stool family lands ... which said piece or parcel of land is attached to the indenture of a lease dated 8/3/1986 and stamped as AC 2318/86.

(b) An order that plaintiff’s Land Title Certificate No. G.A. 335910124 Folio 86 was obtained and procured by fra…

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