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EBUSUAPANYIN EKUMA MENSAH V. NANA ATTA KOMFO II

(2017) JELR 68140 (SC)

Supreme Court  •  CIVIL APPEAL NO. J8/78/2017  •  31 May 2017  •  Ghana

Coram
PWAMANG JSC SITTING AS A SINGLE JUDGE

Judgement

PWAMANG, JSC:-

The facts antecedent to this application are that the plaintiff/ respondent/respondent/respondent, to be referred to as respondent, successfully sued the defendant/appellant/appellant/applicant, hereafter to be called applicant, in the High Court, Sekondi claiming ownership of a parcel of land near Ntankorful in the Western Region. The trial court by a judgment dated December 17, 2010, granted the reliefs endorsed on the plaintiff’s writ. The specific reliefs granted were as follows; a declaration of title, damages for trespassing and perpetual injunction. Being aggrieved, the applicant appelled but in a judgment dated 18th February, 2015 the Court of Appeal simply dismissed the appeal without making any orders apart from as to costs. He filled an appeal against the judgment of the Court of Appeal to the Supreme Court and applied to the lower court for an order for stay of execution but it was refused. In the present application the applicant prays this court for “an ord…

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