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KWEKU DUAH OF NTENSERE AND OTHERS V. AMIDU MAHAMA

(2013) JELR 68623 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H2/11/2012  •  24 Feb 2013  •  Ghana

Coram
JUSTICE AYEBI JA [PRESIDING] ,JUSTICE IRENE C DANQUAH JA, JUSTICE ALHAJI TANKO AMADU JA

Judgement

JUDGEMENT

I. O. TANKO AMADU

This appeal is from the judgment of the Circuit Court Kumasi dated 29th March 2011. The summary of facts giving rise to this appeal are as follows:

By writ issued from the registry of the Circuit Court Kumasi the Plaintiff/Respondent (hereinafter referred to as Respondent) claimed against the Defendants including the 4th Appellant herein the following:

“(a). Declaration of title to all that piece and parcel of land situate and lying at Plot No. 6 Block 13 Nkwaano, Atwima.

(b). Damage to destruction caused to building and the bricks.

(c). Recovery of possession

(d). Damages for trespass

(e). Perpetual injunction restraining the Defendants, themselves their servants, workers and assigns from interfering with Plaintiff’s interest in the said land”.

2. The 4th Defendant (Appellant herein) not only contested Respondent’s claims but counterclaimed for the following reliefs

“(a). A declaration that the title in the said Plot No. 6 Block C, Tabere Nkronda is vested in the…

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