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EBUSUAPANYIN YAA KWESI V. ARHIN DAVIS & ANOR, EBUSUAPANYIN KWAMENA BEDU

(2005) JELR 68355 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/10/2004  •  16 Mar 2005  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING,DR. TWUM J.S.C,DR. DATE-BAH J.S.C,LARTEY J.S.C,ANINAKWA J.S.C.

Judgement

J U D G M E N T

LARTEY, J.S.C.: By his writ of summons the plaintiff appellant (hereinafter referred to as the Plaintiff) sued the first and second defendants/respondents (hereinafter also simply referred to as the defendants) claiming:

“(a) Declaration of title to a large part and parcel of land situate at Anagye and bounded by the lands of Ebiradze family of Fijae, Nsona family of Anagye then Noweh’s Ebiradze family of Anagye.

(b) An order quashing and (sic) purported Lease that had been made to lease part of the land without the consent and concurrence of the Plaintiff’s family.

(c ) Damages for trespass

(d) An order of perpetual injunction restraining the defendants, their agents, servants etc. from having any dealing with the land”.

The plaintiff who described himself as the head of Basia Aya’s Ebiradze Family of Anagye pleaded that his family had for a long time been recognized as owners of a large piece and parcel of land situate at Anagye which shares boundary with the lands of Eb…

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