judy.legal
Login Register

BUOKERI TOKUORI AND OTHERS V. MWINE KANDA

(2010) JELR 65245 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/18/2009  •  26 Nov 2010  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.

Judgement

F.G. KORBIEH, JA

This appeal emanates from the Circuit Court, Wa which was presided over by His Honour, Anthony K. Amoah-Aturu. It is important to recount the events that led to the appeal at this stage. The suit was ostensibly commenced by one Mwine Kanda who purportedly issued a writ of summons wherein he described himself as the “Yidana of Guo-Dorimon Traditional Area”. Mwine Kanda purportedly asked for the following reliefs from the court below:

1. a declaration of title to a large parcel of land lying to the western side of a foot path on the Wa-Dorimon road;

2. perpetual injunction restraining the appellants, their heirs, workmen and any person claiming title through them from interfering with “the plaintiff’s peaceful enjoyment of the land.”;

3. an order that the appellants remove their pegs from the land and 4. damages for trespass.

The case for the plaintiff/respondent in the court below (as contained his pleadings) was that the plaintiff (i.e. Mwine Kanda) was the “Yidana of …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login