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KWASI OWUSU AND NII ACHIA FAMILY V. JOSHUA NMAI ADDO AND EMMANUEL K. Q. PAPAFIO

(2015) JELR 68941 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/50/2014  •  30 Jul 2015  •  Ghana

Coram
WOOD (MRS.) CJ PRESIDING, ANSAH JSC, DOTSE JSC, YEBOAH JSC, BENIN JSC

Judgement

WOOD (MRS.) CJ

On 5th September 2012, the Fast Track Division of the High Court, Accra, delivered judgment in favour of the Plaintiffs/Respondents (Respondents), inter alia, for declaration of title to a parcel of land at Achiaman, near Amasaman, damages for trespass, recovery of possession, and perpetual injunction restraining the Defendant/Defendants/Appellants (Appellants) “their grantees, licensees, workmen, servants, successors in title and privies whatsoever from entering, remaining on or in any way encumbering the land or any part thereof or undertaking any construction or other work thereon inconsistent with the absolute ownership, possession and/or enjoyment” of the Respondents.”

Being dissatisfied with the decision, the Appellants promptly lodged an appeal against it to the Court of Appeal. Their applications for stay of execution of the said judgment to the trial High Court, and the subsequent repeat application to the Court of Appeal, were however dismissed by the respectiv…

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