KOFI ADU BOAHENE V. EMMANUEL TEI KWADWO NARH
(2018) JELR 65743 (CA)
Court of Appeal
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CIVIL APPEAL NO: H1/63/17
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19 Apr 2018
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Ghana
Coram
MARIAMA OWUSU (MRS.) JA (PRESIDING), E. K. AYEBI JA, CECILIA HANZY SOWAH JA
Appearances
MR. FRANK KOTEY NIKOI FOR PLAINTIFF/APPELLANT,MR. ACQUAYE FRANCIS ALEXANDER FOR DEFT/RESPONDENT
Judgement
<p>JUDGMENT</p><p>AYEBI, JA</p><p>1. This appeal is against the judgment of the Circuit Court, Amasaman dated 7<sup>th</sup> October 2016. The appellant is the plaintiff at the trial court. In his amended writ of summons, he claimed against the defendant/respondent:</p><p><em>(a) Declaration of title to the land described in paragraph 3 of the statement of claim.</em></p><p><em>(b) Perpetual injunction restraining defendant whether by himself or his agents, assigns, privies or anyone claiming through him from ever laying claim to the land and from further entering the land.</em></p><p><em>(c) Damages for trespass and cost.</em></p><p>2. In paragraph 3 of the statement of claim, the land is described as “<em>ALL THAT PIECE OR PARCEL OF LAND situate, lying and being at MEDIE near in Ga West Municipal of the Greater Accra Region aforesaid and containing an approximate Area of 0.18 acre or 0.07 Hectare more or less on the North East by Lessor’s land measuring 98.4 feet more or less, on the South West by Accra-Nsawam road measuring 98.4 feet more or less, on the South East b…</em></p>