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MADAM ABENA TENABAABI V. AMA PEAAH, YAA ADU AND MADAM TABUUAH

(2017) JELR 67278 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/10/2017  •  19 Jul 2017  •  Ghana

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

Appearances
PIOUS KWADWO ASARE FOR PLAINTIFF/APPELLANT,NANA YAO FRIMPONG FOR DEFENDANTS/RESPONDENTS

Judgement

JUDGMENT

AYEBI, JA

1. From the record of appeal the original plaintiff herself issued the writ of summons on 8th July 2004. Although she failed/or omitted to indorse the writ with her mark or signature, the Commissioner for Oaths signed as a witness to her mark. But after the death of the original plaintiff, the writ of summons was belatedly amended pursuant to leave of the court and properly endorsed by her counsel. There in the plaintiff/appellant (hereafter called plaintiff) claimed against the defendants/respondents (hereafter called defendants):

(a) Declaration of title to a piece or parcel of farm land commonly known and called “ANANKASU” on Mpatuom Stool land bound by the properties of Boaduwaah, Kwadwo Donkor, Opanin Ayirebi and “Anankasu” stream.

(b) GENERAL DAMAGES FOR TRESPASS

(c) RECOVERY OF POSSESSION

(d) PERPETUAL INJUNCTION to restrain defendants, their agents and workmen from entering the said farm land.

2. The plaintiff’s plea and evidence is that the piece of land she claim…

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