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MOHAMMED ODARTEY LAMPTEY V. LANDS COMMISSION, APOSTOLIC FAITH MISSION, WAFA YAW AND ASARE K. BOADI

(2018) JELR 68893 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/18/2015  •  28 Nov 2018  •  Ghana

Coram
DOTSE JSC (PRESIDING), YEBOAH JSC, BAFFOE-BONNIE JSC, APPAU JSC, PWAMANG JSC

Judgement

YEBOAH, JSC

The plaintiff/Appellant/Respondent (who shall simply be referred to as the respondent) commenced these proceedings at the High Court, Accra against the defendants’ respondents/appellants (who for sake of brevity shall be referred to as the appellants) for the following reliefs before the High Court, Accra (Fast Track Division)

a. An order for peaceful and quiet possession of the disputed property as covenanted.

b. Damages for breach of contract

In the alternative

c. An order to comply with its statutory duty of ejecting all trespassers on the disputed property being government land.

And against the 2nd, 3rd and 4th defendants as follows;

a. Recovery of possession

b. Damages for trespass

c. An order of perpetual injunction restraining the 2nd, 3rd and 4th defendants their assigns, servants and all persons claiming through them from interfering with the disputed property.

The respondent acquired the disputed land from first defendant (Lands Commission) under a fifty year lease for a f…

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