EMMANUEL TAWIAH AGBOGBATEY & ANOR V. NENE TSATU PEDIATOR IV & ORS
(2019) JELR 107047 (CA)
Court of Appeal
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H1/87/2017
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28 Nov 2019
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Ghana
Coram
B. F. ACKAH-YENSU, JA (PRESIDING). I. O. TANKO AMADU, JA. AMMA GAISIE, JA
Appearances
ERIC AKWA FOR THE DEFENDANTS/RESPTS/ RESPONDENTS
EYRAM ASEM FOR PLAINTIFFS/APPLICANTS/APPELLANTS
Judgement
<p>JUDGMENT</p><p>B. ACKAH-YENSU, JA</p><p>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.</p><p>FACTS</p><p>These are the matters that have given rise to the instant appeal.</p><p>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”.</p><p>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…</p>