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JOHN AGYEKUM & 6 ORS. V. NANA AMOATENG II & 6 ORS.

(2019) JELR 66476 (CA)

Court of Appeal  •  CIVIL APPEAL NO.: H1/62/2018  •  27 May 2019  •  Ghana

Coram
OWUSU J.A. (PRESIDING) ,DZAMEFE J.A. ,WELBOURNE J.A.

Appearances
ASANTE KROBEA WITH HIM EUGENE FILISON KING AND KENNEDY KWARTENG FOR DEFENDANTS/APPELLANTS,OBENG-MANU JNR. FOR PLAINTIFFS/RESPONDENT

Judgement

MARIAMA OWUSU, J.A.

On 22nd December, 2008, the plaintiffs in suit no. TSOL/16/69 issued a writ against the defendants for the following reliefs:

i. Declaration of title and recovery of possession of plot numbers 17-37 Block ‘C’, 14 and 16 Block ‘C’, 37-40 Block ’1B and Block ‘B’ Abuakwa Kagyase, Kumasi.

ii. One hundred and eight thousand, eight hundred and ten Ghana cedis (Gh¢108,810) special damages for destruction of plaintiffs’ fence wall around his twenty (20) building plots together with unused blocks, gravel and sand as well as foundation trenches.

iii. General damages for trespass and inconvenience.

iv. Perpetual injunction restraining the defendants whether by themselves, their agents, assigns, workmen or assigns from entering the land for any purpose.

v. Any other order(s) as the justice of the case would require in terms of the rules of the Honourable Court.

The defendants when served, filed their statement of defence and counterclaimed against the plaintiff as follows:

a. Declarat…

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