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DARBAH AND ANOTHER V. AMPAH

(1989) JELR 69326 (CA)

Court of Appeal  •  9 Mar 1989  •  Ghana

Coram
WUAKU J.S.C.,LAMPTEY J.A,LUTTERODT J.

Appearances
W. A. N. ADUMUA-BOSSMAN FOR THE PLAINTIFF-APPELLANT; ENOCH D. KOM (WITH HIM HAYIBOR) FOR THE DEFENDANT-RESPONDENT.

Judgement

WUAKU J.S.C.: The appeal before us is against the judgment of the High Court, Cape Coast dated 7 April 1981. That judgment is headed as follows:

“Land Suit 18/73 1. Opanyin Kofi Attah

(Head of Adwenadze family of Ekumfi }

Adansiman and Cape Coast) }

2. R. H. Brew (Customary successor of } Plaintiffs

Eddie B. K. Ampah, for themselves and }

on behalf of members of the family) }

V.

Mrs. Nancy Ampah Defendant

Civil Suit 22/74

1. Mrs Susuana Darbah }

2. Abusuapanyin Kofi Attah }

(Ekumfi Adansiman, representing } Plaintiffs

the family of the late Samuel Quinoo deceased) }

V

Mrs. Nancy Eddie Ampah (Consolidated) Defendant.”

In the judgment given by Osei-Hwere J. (as he then was), he made it very clear that his judgment was in respect of the two consolidated cases. At the beginning of the judgment he recited the claims in the two cases as follows:

Suit 18/73

“(a) A declaration that houses No. G. (sic) 175/4, Inner Ring Road, Cape Coast is the family property of the plaintiffs (b) An order of perpetual injuncti…

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