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J. K. ACKAH V. FRANCIS EGHAN

(2014) JELR 67146 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/56/2010  •  9 Apr 2014  •  Ghana

Coram
C. J. HONYENUGA J.A (PRESIDING), D. ADJEI J.A, B. F. ACKAH-YENSU J.A

Appearances
ANTHONY FORSON SNR FOR DEFENDANT/APPELLANT,JOHN MERCER FOR PLAINITFF/RESPONDENT

Judgement

JUDGMENT

BARBARA ACKAH-YENSU, JA

The Plaintiff/Respondent initiated an action against the Defendant/Appellant at the High Court Sekondi, claiming per his amended writ of summons as follows;-

“1. Declaration of title to all that piece and parcels of land known as plots numbers 13 and 14 West Anaji Planning Scheme, Takoradi.
2. Damages for trespass.
3. Perpetual injunction restraining the Defendants, either by themselves, their servants, agents, privies, assigns etc from having anything to do with the said land”

The Plaintiff/Respondent claimed that he acquired plot numbers 13 and 14, West Anaji Planning Scheme, Sector ‘B’, Takoradi by way of a lease from Ebusuapanyin Yaa Kwesi of Basia Aya Ebiradze Family of Anaji sometime in 1992. After the purchases, an indenture was prepared and duly registered with the Lands Commission. There was subsequently a dispute involving his grantors and other factions of the family at Ntankoful and as a result Western Regional Security Council (REGSEC) prevail…

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