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MADAM AKOSUA BARNIE V. THE MO TRATIONAL COUNCIL

(2016) JELR 64881 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/68/2014  •  13 Apr 2016  •  Ghana

Coram
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO, (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA

Judgement

AYEBI, JA

1. This is an appeal against the judgment of a Sunyani High Court dated 27th March 2013. At the trial, the plaintiff/appellant, herein called the plaintiff, endorsed her writ of summons with the following reliefs:

a) A declaration of title and recovery of possession of all that piece of land situate at Kyeremankoma on the Asumansia stool land, a subservient stool of Nkoranza Stool known as Plot No. 9 Block “D”, Sector 7, Kintampo bounded by the Kintampo-Tamale motor road and on the three other sides by the lanes more particularly delineated on the site plan, a copy of which is herewith attached.

b) Damages for trespass

c) An order for perpetual injunction restraining the defendant, its agents, servants, workmen etc. from interfering or otherwise with the said land.

2. The case put up by the plaintiff in support of her claim is that in 1996 her late brother Kwasi Appiah acquired Plot No.9, Block “D” Sector 7 situate at Kintampo from Asumansia Stool to put up a hotel. But in 2001, …

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