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DR TWUM JSC delivered the lead judgment of the court
This is an appeal from the judgment of the Court of Appeal dated 17 December 2004.
The facts underlying the appeal are simple. On 29 November 1993, the plaintiff-appellant (hereinafter called the plaintiff) issued a writ of summons against the defendant-respondent (hereinafter called the defendant).The plaintiff sued for himself and also on behalf of his family of Atwima Manhyia. He claimed against the defendant:
(i) a declaration of title to, and recovery of possession of the land in dispute(fully described in the statement of claim);
(ii) an order setting aside the arbitration award in favour of the defendant by the Kumasi Traditional Council dated 2 November 1993;
(iii) general damages for trespass; and
(iv) injunction against the defendant restraining him from interfering with the plaintiffs use and enjoyment of the land in dispute.
The defendant, filed a statement of defence denying the averments contained in the plaintiffs statemen…