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DASI AKAKPO & ANOR. V. BEN JOHNSON & ANOR.

(1999) JELR 69558 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 80/98  •  11 Nov 1999  •  Ghana

Coram
BROBBEY J.A. (PRESIDING), TWUMASI J.A., ARYEETEY J.A.

Judgement

BROBBEY, J.A.

At the start of this litigation, there was only one plaintiff who shall be referred to hereafter as the respondent or first respondent. She claimed in the Circuit Court that she was a sitting tenant on a piece of land at Kantamanto in Accra. She avered that the land was actually owned by the father of the 1st appellant. It was he who allowed his mother to live there. After several years’ stay there, she learnt that the 1st appellant had leased the land to the 2nd appellant in 1989. According to her, the second appellant demolished structures, she and her husband had erected on the land as well as some of the wares they saw there. She therefore issued a writ claiming

(a) a declaration that the 1st appellant was wrong in ejecting him without a court order.

(b) a declaration that 1st appellant could not by-pass him to lease the same plot given to them by his father.

(c) Damages for unlawful ejectment.

(d) ¢2.5 Million damages for destruction of the respondents building.

(e) Gen…

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