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EDWIN ANSAH HORTHMAN V. ALHAJI ABODWESE AND ALHAJI WAWU

(2015) JELR 68053 (CA)

Court of Appeal  •  SUIT NO.H1/152/2015  •  12 Mar 2015  •  Ghana

Coram
MARFUL-SAU JA (PRESIDING), ADUAMA OSEI JA, TANKO AMADU JA

Judgement

JUDGMENT

ADUAMA OSEI JA:

By a writ of summons issued in the Land Division of the High Court, Accra, on the 29th of September, 2010, the Plaintiff/Respondent, hereinafter called “the Plaintiff”, claimed for a declaration of title in respect of a parcel of land situate at Ngleshie Amanfrom in Accra, against the Defendants/Appellants, hereinafter called “the Defendants”. The Plaintiff also sought against the Defendants recovery of possession, damages for trespass, and perpetual injunction in respect of the said parcel of land.

In the statement of claim accompanying the writ of summons, the Plaintiff supported his claim by alleging a grant from the Kwashie Gborlor Family of Amanfrom to himself. He complained that in spite of acts of ownership carried out by him upon and in respect of the land since its acquisition, the Defendants had entered upon the same without lawful authority and were threatening to turn it into a cemetery.

In the statement of defence and counterclaim filed on their behal…

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