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MAGARET TAWIAH COLLISON AND E.A. KOTEY V. OKAIJA QUARSHIE

(2006) JELR 67360 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 26/2000  •  12 Apr 2006  •  Ghana

Coram
ARYEETEY J.A. (PRESIDING), KUSI-APPIAH J.A., ASAMOAH J.A.

Appearances
PLAINTIFF/RESPONDENT โ€“ MR. D. OWUSU-SEKYERE ,DEFENDANT/APPELLANT โ€“ MR. S.K. KABUTEY

Judgement

JUDGMENT

ARYEETEY, J.A

At the Circuit Court Accra, the plaintiffs' claim against the defendant is for the following reliefs:

a) Declaration that the defendant's interference with the first plaintiff's legitimate enjoyment of his land and property is unlawful.

b) ยข4.5 million damages

c) Order for Accounts of all rents and other payments collected or received since 1990.

d) Injunction restraining defendant, his successors, agents, assigns and workmen from interfering in any way with first plaintiff's beneficial enjoyment of the said land and property.

e) Order for removal of all unauthorised structures on plaintiff's land.

From their pleading as well as the oral evidence adduced in support of their case, the background of their claim against the defendant is as follows: The original first plaintiff, the late Victor Collison was the husband of Margaret Tawiah Collison who, upon ex parte application, was substituted for her late husband. Victor Collison was the son of Edward Collison a brother ofโ€ฆ

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