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KWABENA APPIAH V. DAVID KWABENA AKUOKU

(2013) JELR 64940 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/79/2014  •  15 May 2013  •  Ghana

Coram
MARIAMA OWUSU J. A. (PRESIDING), ADUAMA OSEI J.A. ,DORDZIE J.A.

Judgement

MARIAMA OWUSU, J.A: On 7-5-2010, the High Court [Land Division], Accra, dismissed the plaintiff/appellant’s [hereinafter refer to as plaintiff] claim for a declaration of title to a parcel of land in Accra and other ancillary reliefs sought against the defendant. Dissatisfied with the decision of the High Court, the plaintiff appealed to this Court.

In a nutshell, the plaintiff’s case was that the disputed land was sold to him by one Madam Doreen Boatemaah Bitihene for valuable consideration sometime 1995. The said Assignment is witnessed by a Deed of Assignment dated 25-7-1995 and stamped as LVB 8753/04 and AR/GB/520/95. The plaintiff averred further that, on acquisition of the land, he went into immediate possession, erected corner pillars and constructed the concrete foundation for a house on the plot. It is the plaintiff’s case that, to his shock and surprise and in spite of numerous warnings, the defendant/respondent [hereinafter refer to as defendant] forcibly entered onto parts …

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