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EBUSUAPANYIN KWEKU ASEMA V. NANA AKWA III & ORS.

(2021) JELR 109677 (SC)

Supreme Court  •  J4/21/2021  •  21 Jul 2021  •  Ghana

Coram
APPAU, JSC (PRESIDING) DORDZIE (MRS.), JSC PROF. KOTEY, JSC AMADU, JSC PROF. MENSA-BONSU (MRS.), JSC

Judgement

AMADU JSC:- 

(1) This appeal is from the decision of the Court of Appeal (Cape Coast Division) dated  13th May 2015 which affirmed in part the decision of the High Court (Cape Coast)  dated 9th June 2008.

(2) The background facts giving rise to this appeal are the result of two Consolidated  Suits No.LS7/94 and No.LS8/94 in which the Plaintiff/Appellant/Respondent  (hereinafter referred to as ‘Respondent’) had taken out writs in the High Court,  Cape Coast against the Defendant/Respondent/Appellant (hereinafter referred to  as the ‘Appellant’) for the following respective reliefs:- 

“(i) Declaration of Title to all that piece or parcel of land called  Pomponu which said piece or parcel is bounded by the properties  of Nana Akwa, Nana Ampong and Ekumfi Swedru. 

(ii) Recovery of possession. 

(iii) General damages for trespass to Plaintiff’s family. 

(iv) Perpetual injunction restraining the Defendants, his agents,  servants and/or workmen from having anything to do with the  said land” and 

“(…

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