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KUMA AND OTHERS V. ASANTE

(1992) JELR 69384 (CA)

Court of Appeal  •  18 Jun 1992  •  Ghana

Coram
AMUAH JA, ADJABENG JA, FORSTER JA

Appearances
ALLOTEI MINGLE FOR THE APPELLANTS; AWERE AWUKU FOR THE RESPONDENT.

Judgement
<p>FORSTER JA. On 21st April 1987, the plaintiff-respondent (hereinafter referred to as “the plaintiff”), Opanyin Kwame Asante, suing as the head of Salome Kwabena family of the Aduana clan of Akropong Akwapim commenced an action at the circuit court, Akropong Akwapim, against the defendants-appellants (hereinafter called “the defendants”), all of Akropong Akwapim. By his writ the plaintiff asked for:</p><p><em> “(1) Declaration that the late husband of the 1st defendant and father of the other defendants had no inheritable and or transferable interest in the House No S90, Akropong Akwapim.</em></p><p><em> (2) Declaration that the death of Kwapong Atiemo, the husband and father of the defendants, terminated any interest of the defendants in House No S 90 , Akropong Akwapim.</em></p><p><em>(3) Injunction to restrain the defendants and each of them from entering or having anything to do with House No S90.</em></p><p><em> (4) ¢25,000 damages jointly and severally against the defendants for false imprisonment.”</em></p><p>In their statement of defence, the defe…</p>

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