EMELIA BOATEMAA V. MAAME BENEWAA AND PINAMANG
(2017) JELR 65943 (CA)
Court of Appeal
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CIVIL APPEAL NO.H1/47/2017
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21 Dec 2017
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Ghana
Coram
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA
Appearances
KWAME ADOFO FOR PLAINTIFF/APPELLANT,THEOPHILUS ACKOM BOADU FOR DEFTS/RESPTS
Judgement
<p>JUDGMENT</p><p>AYEBI, JA</p><p>1. This is an appeal against the judgment of the Circuit Court, Kumasi dated 31<sup>st</sup> March 2015. At the Circuit Court, the plaintiff/appellant sued the defendants/respondents for:</p><p>(a) A declaration of title and ownership of Plot No. 31A Blk C, Sokoban, Kumasi.</p><p>(b) Recovery of possession</p><p>(c) Perpetual injunction restraining the defendants his (sic) agent, assigns and workmen and persons claiming through him (sic) from interfering with the property in dispute.</p><p>2. In the statement of claim in paragraph 3, the 2<sup>nd</sup> (sic) plaintiff contended that she acquired plot number 3/A Blk G Sokoban, Kumasi measuring 70β, 40β, 80β, 50β, 70β from one WOFA YAW. Then in paragraph 7 and 8 the plaintiff/appellant stated the reason why she sued the defendants/respondents as:</p><p>Paragraph 7: The plaintiff went into undisturbed possession and started developing the land.</p><p>Paragraph 8: The plaintiff says that without any provocation the 1<sup>st</sup> defendant has sold portion of her land and portion of the main roaβ¦</p>