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EMMANUEL KOFI MUSTAPHA V. SAMUEL GYEKYEI & 3 ORS.

(2016) JELR 68750 (CA)

Court of Appeal  •  SUIT NO.H1/87/2015  •  21 Jan 2016  •  Ghana

Coram
GYAESAYOR (J.A.) (PRESIDING), ADUAMA OSEI J.A., DZAMEFE J.A.

Judgement

JUDGMENT

DZAMEFE, J.A

The plaintiff appellant hereinafter simply referred to as the plaintiff issued this writ against the respondent also referred to as the Defendant in the Circuit Court Accra for the following reliefs:

a. An order that defendants dealing with plaintiffs deceased father’s land amounts to trespass.

b. Order of ejectment and recovery of possession of the said land from defendants.

c. Perpetual injunction restraining the defendants’’ their agents, assigns from interfering with the land the subject matter of this suit.

The plaintiff in his statement of claim averred he is the eldest son of the late Joseph Kobina Mustapha (deceased). On the death of his father, his mother Elizabeth Wilson (deceased) tried in vain to obtain Letters of Administration to administer the estate of the deceased husband. Out of fear that the husband’s family will take all properties from her handed the document on the deceased husband’s land at Bubiashie to 1st defendant, a very good friend of the de…

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