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ELIZABETH LANDY AMPAH V. SABANG & EDWARD QUARTEY

(2004) JELR 68566 (CA)

Court of Appeal  •  SUIT NO. 157/2000  •  16 Jan 2004  •  Ghana

Coram
OMARI SASU JA [PRESIDING], ANINAKWAH JA, MRS. ABBAN JA

Judgement

JUDGMENT

OMARI-SASU

The Plaintiff — Respondent herein sued the defendant(s) in the court below and claimed the following reliefs:—

1. Declaration of title

2. Recovery of possession

3. Damages for trespass and

4. Perpetual injunction—all in respect of a plot of land the plaintiff had acquired from the Sempe Stool in Accra

In time the Co-defendant also in an amended Defence and counter-claim prayed for the reliefs of Declaration of title, General Damages for trespass and perpetual injunction against the Plaintiff/Respondent. In her pleadings the Plaintiff-Respondent raised the plea of estoppel against the Defendant-Appellant.

After evidence had been received from the Plaintiff/Respondent we noticed that the learned trial Judge entered judgment in favour of the Plaintiff/Respondent for the sole reason that he felt he should uphold the plea of estoppel raised and for that reason the learned trial Judge concluded:— at p. 193 of the Record. Thus:

"I find that the Judgment in Suit No. LS 27/77 entitl…

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