KWABENA ECHIE AND OTHER V. AMA DONKOR
(2010) JELR 65984 (CA)
Court of Appeal
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CIVIL APPEAL NO. H1/7/2010
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30 Apr 2010
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Ghana
Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.
Judgement
<p style="text-align: justify;">JUDGMENT BY COURT:</p><p style="text-align: justify;">The Appellants were the plaintiffs in the Court below. On the 13/11/2003, they jointly sued the Defendant in the High Court, Mampong-Ashanti, claiming the following reliefs:</p><p style="text-align: justify;">(1) A declaration of title to Plot No. 8, Block A situate, lying and being at a place commonly known as and called Tadieso or Tataforoso on Mampong stool land and bounded by Plots Nos. 4,12 and 7 which they claimed to be the ancestral property of the 2nd Plaintiff;</p><p style="text-align: justify;">(2) Damages for trespass; and</p><p style="text-align: justify;">(3) Perpetual injunction restraining the defendant, her agents, assigns servants and workmen from entering unto the land.</p><p style="text-align: justify;">The basis of the Plaintiffs’ claim. was that the land in question was the ancestral property of the 2nd Plaintiff who as head of family, had allocated portions of a larger tract of land to individuals for building purposes without any challenge form anyone; that the land in dispute had been in the possession of the 2nd Plaintiff’s immediate family who had always farmed on it and still does …</p>