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CEPHAS AHIAKU V. SHAMIMA OPOKU AMANKWAA

(2017) JELR 69770 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/21/2015  •  17 Feb 2017  •  Ghana

Coram
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA

Judgement

JUDGMENT

AYEBI, JA

1. On 7th May 2015, the plaintiff/respondent sued the defendant/appellant for (a) declaration of title to plot No. 19 Block X, Ayeduase, Kumasi, (b) an order for recovery of possession, (c) damages for trespass and (d) an order of injunction restraining the defendant/appellant or his agent from in any manner interfering with her ownership of the subject plot.

2. Then on 8th May 2015, the plaintiff filed a motion for an interlocutory injunction praying the court to restrain the defendant, his agents, workmen and assigns from in any manner interfering with her ownership of plot No. 19 Block X, Ayeduase and particularly from carrying out any constructional activity on same pending the final determination of the suit. The motion was in accordance with the law, accompanied by an affidavit in support and a statement of case.

3. Defendant upon service of the writ of summons and statement of claim entered an appearance unconditionally. He also opposed the motion and filed a sta…

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