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KWASI ASAMOAH V. MR. NSIAH AND AUGUSTINA MENSAH

(2017) JELR 64831 (CA)

Court of Appeal  •  SUIT NO: H1/86/2016  •  21 Dec 2017  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.

Judgement

JUDGMENT

TORKORNOO, JA

The Appellant commenced an action against the Respondent on 17th December 2009. His claims were for:

a. A declaration of title and recovery of possession of all that plot No. 163, Block C Abesim Dominase, Sunyani

b. General damages for trespass.

c. Perpetual injunction restraining the Defendants, their agents, assigns privies, servants etc. from in any way developing the disputed land.

The Defendant resisted the action and filed a defence and counterclaim. They counter-claimed for:

a. Declaration to tile, ownership, recovery and possession of all that Plot No. 163, Block ‘C’ Section 17, Abesim Dominase, Sunyani.

b. General Damages for trespass.

c. An Oder for perpetual injunction restraining the Plaintiff, his agents, family members, workmen, assigns etc. from dealing with or claiming exclusively the disputed plot in any manner or whatsoever.

On 1st June 2010, the court granted an application for interim injunction to restrain the Respondent from dealing with the disputed…

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