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EMMANUEL TAWIAH AGBOGBATEY & Anor v. NENE TSATU PEDIATOR IV & Ors

(2019) JELR 107047 (CA)

Court of Appeal  •  H1/87/2017  •  28 Nov 2019  •  Ghana

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

Judgement

JUDGMENT

B. ACKAH-YENSU, JA

In this appeal against the judgment of the High Court delivered on the 22nd day of February 2013, the Plaintiffs/Appellants (referred to hereinafter as the “Appellants”) pray that the judgment of the court below be set aside and judgment given to them.

FACTS

These are the matters that have given rise to the instant appeal.

By their Statement of Claim, Appellants made a claim for a declaration of title and ownership of all that parcel of land belonging to the Agbogbatey family as a gift; general damages for trespass; recovery of possession; and perpetual injunction to restrain the Defendants/Respondents, who shall also be referred to hereinafter as the “Respondents”.

It is the Appellants’ claim that the land in dispute was gifted to the Appellants’ predecessor by name Tei Agbogbatey Ocansey in 1834 as a reward for assisting the predecessors of the Respondents to fight the Katamanso, Adidome, Datsutagba and Atitorwu wars. The Appellants’ case is that the gift was m…

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