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MARY QUAYSON V. TEMA DEVELOPMENT CORPORATION

(2025) JELR 114561 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/17/2018  •  30 Jul 2025  •  Ghana

Coram
BAFFOE-BONNIE AG. CJ (PRESIDING) AMADU JSC KULENDI JSC GAEWU JSC KWOFIE JSC

Appearances
ANTHONY BOATENG ESQ. FOR THE PLAINTIFF/APPELLANT/RESPONDENT. GEORGE OPUKU-WARE ESQ. FOR THE DEFENDANT/ RESPONDENT/ APPELLANT WITH NANA AKUA ASUBONTENG OBOUR ESQ.

Judgement

JUDGMENT

KULENDI JSC:-

This appeal arises from a judgment of the Court of Appeal dated 18th May, 2016 Coram: Gyaesayor, Korbieh, Dzamefe JJA which overturned the judgment of the High Court dated 23rd October, 2012. 

RESPONDENTS CASE: 

The Plaintiff/Appellant/Respondent (hereinafter called “the Respondent”) commenced an action against the Defendant/Respondent/Appellant (hereinafter called “the Appellant”) in the High Court, Tema, praying for the following reliefs: 

  1. A declaration that the Plaintiff obtained a valid permit from the Defendant to construct an extension to House No. 1/P-31, Site 15, Community 1, Tema. 

  2. A declaration that the act of the Defendant in demolishing the extension works on House No. 1/P-31, Site 15, Community 1, Tema is unlawful. 

  3. An order directing the Defendant to reconstruct the two-room extension to House No. 1/P-31, Site 15, Community 1, Tema. 

  4. An order of perpetual injunction restraining the Defendant, its agents, assigns, workmen, and all those claiming through it …

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