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GYADU DART CO. LTD. V. ALBERT OKPOTI BOTCHWAY AND C. A. STEEL LIMITED.

(2018) JELR 64590 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/153/2017  •  20 Apr 2018  •  Ghana

Coram
P. K. GYAESAYOR J.A. (PRESIDING), A. M. DORDZIE (MRS) J.A, H. A. KWOFIE J.A.

Appearances
MR. PETER ZWENNES FOR PLAINTIFF/APPELLANT; MR. DODJI DADJO FOR DEFENDANTS/RESPONDENTS.

Judgement

JUDGMENT

A.M. DORDZIE, JA

The appellant herein, Gyadu Dart Company Limited, instituted an action in the High Court Land Division claiming the following reliefs as disclosed in its amended statement of claim:

1. A declaration of little to a parcel of land situate at South Legon, Accra measuring 2 .626 acres.

2. Damages for trespass including consequential issues occasioned by destruction of the structures on plaintiff’s land.

3. An order of perpetual injunction restraining the defendants, their servants, agents, assigns and workers from encroaching or interfering in any way with plaintiff’s land.

The land, which is the subject matter of the action is described in the schedule as follows: “All that piece or parcel of land situate, lying and being at South Legon, Accra in the Greater Accra Region of the Republic of Ghana containing an approximate of 2.626 Acres bounded on the North-East by proposed road measuring 380.0 feet more or less on the South-East by the lessors land measuring 370.0 fee…

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