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EMMANUEL O.K. MARTINS & Anor. v. KING GEORGE ENT. LTD & Anor.

(2020) JELR 107046 (CA)

Court of Appeal  •  HI/121/2019  •  5 Mar 2020  •  Ghana

Coram
B. ACKAH-YENSU, J.A (PRESIDING). I. O. TANKO AMADU, J.A. AMMA A. GAISIE, J.A

Judgement

JUDGMENT

B. ACKAH-YENSU, J.A,

This appeal is from the judgment of the High Court (General Jurisdiction) Accra, dated the 14th day of December 2016. In the High Court, the Plaintiff/Respondents (hereinafter referred to as the “Respondents”) took out a writ against the (1st Defendants who is the only “Appellant” herein). By an amended writ filed on 8th June 2016, the 2nd Defendant on record was joined to the Respondents’ action which was endorsed with the same reliefs as in the original writ as follows:-

“1. Declaration that the purported lease or sale of the Plaintiff’s family property described as H/No. D.891/3, Derby Avenue, Accra is null and void.

2. Recovery of the cost of rebuilding structures demolished by the Defendant on the Plaintiff’s land.

3. Damages di die in diem for trespass.

4. Perpetual injunction restraining the Defendant his agents and assigns from however interfering with the Plaintiff’s family’s quiet enjoyment”.

In the accompanying Statement of Claim, the Respondents aver…

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