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IRENE ASSAH V. OWURA APPIAH OSEI IRENE ASSAH AND GEORGINA GYAMFI

(2016) JELR 66929 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/33/2016  •  10 May 2016  •  Ghana

Coram
E. K. AYEBI J.A. (PRESIDING), G. TORKORNOO (MRS) J.A., A. M. DOMAKYAAREH (MRS.) J.A.

Appearances
JUDY EDUSEI FOR PLAINTIFF/APPELLANT; STEPHEN OPPONG WITH ENOCH AMOAH FOR DEFENDANT/RESPONDENT.

Judgement

JUDGMENT

A. M. DOMAKYAAREH (MRS), J.A.

1. Land is indispensable to human existence. Although its ownership is not a necessary prerequisite to human existence, yet many would like some ownership of same more particularly to build their place of abode.

And so it is that people of the latter category would fight tooth and nail, legally speaking to protect ownership of land that they have “acquired”.

This is a consolidated suit in which the plaintiff sued the defendant and the defendant in turn, sued the plaintiff and the 2nd defendant. In the instant appeal before this court, the plaintiff /appellant herein pursued her perceived rights beyond the High Court to the Court of Appeal. On 2nd July 2009 she filed a Writ of Summons, at the High Court, Kumasi against the defendant/respondent herein claiming:

(a) A declaration of title to the residential building plot numbered as H/No Plot 55 Block “A” Santasi, Kumasi.

(b) Damages for trespass and

(c) An order of perpetual injunction restraining the def…

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