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GUO-NAA SANYE & 2 Ors v. ASUMA GEWURA 4 Ors

(2017) JELR 107050 (CA)

Court of Appeal  •  H1/1/2017  •  18 Jul 2017  •  Ghana

Coram
Dennis Adjei, JA (Presiding). Avril Lovelace-Johnson, JA. Barbara Ackah-Yensu (Ms), JA

Judgement

JUDGMENT

BARBARA ACKAH-YENSU (Ms) JA

This is an appeal against the judgment of the High Court, Wa delivered on 3rd May 2016. The Plaintiffs/Appellants (referred to hereafter as the Appellants), pray this Court to reverse the judgment of the trial Court.

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

The Appellants commenced an action on 29th October 2013 against Respondents claiming inter alia a declaration of title to the disputed lands; injunction to restrain the Respondents from the said land, and also; an order for recovery of all lands Respondents had granted to Developers. The Appellants brought the action on their own behalf and on behalf of Guo Skin. The supporting facts of the Appellants claim was that their ancestor, Dakpang, was the first to settle on the land, and also became the first Chief of Guo land.

The Respondents vehemently opposed the action denying the title of the Appellants to the land and challenged the capacity of the Appellants to bring the acti…

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