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EBENEZER AMARTEY V. DANIEL PINTO & JOYCE ARTHUR

(2023) JELR 111175 (CA)

Court of Appeal  •  H1/177/22  •  16 Feb 2023  •  Ghana

Coram
SENYO DZAMEFE, JA MERLEY WOOD, JA ERIC BAAH, JA

Appearances
DAVID BONDORIN FOR RESPONDENT PORTIA AHIAWORDOR FOR APPELLANTS

Judgement

JUDGMENT

DZAMEFE, JA

The plaintiff issued a writ for the following claims;-

1. Declaration of title to all that piece of land described in paragraph 4 of the statement of claim.

2. Recovery of possession

3. Perpetual injunction restraining the defendants, their agents, assigns, privies and workmen from interfering with the plaintiff’s peaceful enjoyment of his property.

Plaintiff, a businessman resident in Ashiaman, avered in his statement of claim that he acquired a plot of land in the year 2006 from the Ashiaman Divisional Council (ADC) for the construction of stores. Plaintiff averred he shares boundary with the defendants. That he is in the process of regularising his grant with the Tema Development Corporation (TDC) after the Tema Traditional Council (TTC) issued him with a confirmation of the allocation of the said parcel of land to him.

Plaintiff averred further that the land in issue forms part of lands allocated to the Tema Traditional Council by the Tema Development Corporation (TD…

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