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KWABENA ADDO V. ADWOA ANYOWUO & 2 ORS

(2005) JELR 68353 (SC)

Supreme Court  •  CIVIL MOTION NO. J7/31/2005  •  17 Oct 2005  •  Ghana

Coram
MRS. WOOD J.S.C. (PRESIDING),DR. TWUM J.S.C,DR. DATE-BAH J.S.C,PROF. OCRAN J.S.C,ANSAH J.S.C.

Judgement

J U D G M E N T.

DR. TWUM, J.S.C.

This an appeal from the unanimous judgment of the Court of Appeal dated 23rd July 1997. In this judgment I will refer to the Respondent herein as “the Plaintiff” and the Appellants as “the Defendants”. I hope this will make it easy to follow the chronology of the events that have prompted this appeal.

On 17th May 1989, the Plaintiff, (Kwabena Addo) issued a writ of summons against the Defendants, (Madam Anyowuo and her two daughters, Akosua Kesewa and Afua Serwah) claiming:

(a) A declaration of title and recovery possession of House No. C325/15 Alajo.

(b) Damages for trespass

(c) Perpetual injunction.

The Defendants filed a Statement of Defence and Counterclaim on 9th June 1989. In the counterclaim, they asked for:

(a) A declaration that building currently with House No. C325/15 Alajo, Accra, was the property of the late S.K. Opoku.

(b) Recovery of possession of the said house.

(c) That the Plaintiff accounts for the rents he has so far collected on the premise…

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