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EBUSUAPANYIN YAW STEPHENS V. KWESI APOH

(2009) JELR 68079 (CA)

Court of Appeal  •  CIVIL APPEAL NO. HI/252/04  •  5 Feb 2009  •  Ghana

Coram
ANIN YEBOAH JSC (PRESIDING), BAFFOE-BONNE JSC, ASARE KORANG JA

Judgement

ANIN YEBOAH JSC

This is an appeal from the judgment of the Circuit Court, Sekondi dated the 22/12/2003. The respondent herein who sued as the Plaintiff commenced the action in a representative capacity for himself and on behalf of the Amona family of Atwenewoanda. The claim was for declaration of title to a piece or parcel of land at Beposo, Dunkwa and other ancillary remedies of damages for trespass and perpetual injunction against the Defendant who is the appellant to this appeal.

The case for the respondent herein appeared to be simple. In his statement of claim, he pleaded, inter alia, that the land, the subject- matter of this appeal was initially a virgin forest which was cultivated by his predecessor, one Kogya Annan and his brother Kobina Ahinakwa. After the death of Kogya Annan his sister one Amoa inherited the land. It was during the inheritance of Amoa that one Kojo Pre, an uncle of the defendant requested for the land to grow cocoa which request was granted. It was after theā€¦

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