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MFUM FARMS AND FEEDMILL LTD V. MADAM AGNES GYAMFUA – DECEASED(SUBSTITUED BY MRS LOVIA OPOKU BANDOH)

(2018) JELR 68877 (SC)

Supreme Court  •  24 Oct 2018  •  Ghana

Coram
ADINYIRA (MRS) JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, BAFFOE-BONNIE JSC, AND APPAU JSC

Judgement

JUDGMENT

DOTSE, JSC:-

This is an appeal by the Defendant/Appellant/Appellant, hereafter referred to as Defendant, (who was by order of this court, substituted in place of the original Defendant-now Deceased) against the judgment of the Court of Appeal, Kumasi, dated the 16th day of April, 2015. The said Court of Appeal judgment affirmed the trial High Court decision of 10th May 2006 which granted the reliefs claimed by the Plaintiff/Respondent/Respondent hereafter Plaintiff against the Defendant.

RELIEFS CLAIMED BY PLAINTIFF IN THE HIGH COURT AGAINST DEFENDANT

In the trial High Court, the Plaintiff claimed the following reliefs against the Defendant:-

A declaration of title and recovery of possession of all that piece or parcel of land known as plot No. 17, TUC Estate Adiembra, Kumasi.

Damages for trespass

Perpetual injunction against the Defendant, her servants, agents and assigns from interfering with the said land.

BRIEF FACTS

The Plaintiff contended that Plot No. 17, TUC, Adiembra, Kumasi …

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