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KOFI ANTWI V. KWABENA ATTA

(2009) JELR 65450 (CA)

Court of Appeal  •  SUIT NO. H1/22/2008  •  24 Apr 2009  •  Ghana

Coram
E.S. KANYOKE J.A. [PRESIDING],MARIAMA OWUSU J.A ,ISAAC DUOSE J.A.

Appearances
K. AGYEI-GYAMFI COUNSEL FOR THE PLAINTIFF/RESPONDENT,KWAME ASIEDU BASOAH COUNSEL FOR THE DEFENDANTS /APPELLANTS

Judgement

JUDGMENT

MARIAMA OWUSU, J.A.:-

By his writ of summons, the Plaintiff/Respondent claimed the following Reliefs;

[i] Declaration of Title to all that piece of land situate and lying at a place called Nkwantanan-Bogyawe in the Bekwai District and bounded by the properties of Kwadwo Fordjour [deceased] Kwabena Baako alias Addai and Adokwae village.

[ii] Perpetual Injunction to restrain the defendant and or his agents, assigns, laborers etc from interfering with his possession and quite enjoyment of the land and

[iii] Damages for trespass.

In his amended Statement of Defence filed on the 16-6-04, the defendant denied plaintiff’s claim and averred that, the disputed land forms part of the Asona Royal Stool land. The defendant averred further that, plaintiff and his family members also owned a piece of land which they farm with the authority and consent from the present occupant of the stool, Oheneba Barimah Adu Asabre Poku and the land shares common boundaries with the Defendant’s Royal Stool lan…

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