LUTTERODT V. NYARKO AND ANOTHER

DORDZIE J.

In 1976 the plaintiff issued a writ in the circuit court against the defendants claiming damages for trespass to his land, plot No 131 Dansoman and an order for perpetual injunction. One Garibah Amissah joined that action as co-defendant. On 18 February 1982 the circuit court gave judgment in that suit No CCL 68/76 in favour of the plaintiff.

The defendants appealed against the circuit court’s decision. At the Court of Appeal the parties settled the matter out of court and filed terms of settlement varying the circuit court’s judgment. The contents of the terms of settlement is in evidence as exhibit D in the present case and it reads as follows:

“(1) That judgment is hereby entered for the plaintiff-respondent in respect of the area edged blue on exhibit Y (plan B) as per the plaintiff-respondent’s document No 1018/77 dated April 1974.

(2) That the order of perpetual injunction granted by the said court is to relate to the area edged blue on exhibit Y.

(3) That the award of …