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MOSES TUTU V. ANIBRE KOFI AND AFETOR KITIKI & AFETOR ODUMANKUMA

(2018) JELR 69541 (CA)

Court of Appeal  •  SUIT NO. H1/266/2004  •  26 Jun 2018  •  Ghana

Coram
K. A. ACQUAYE JA (PRESIDING), S. K. GYAN JA, M. M. AGYEMANG (MRS) JA

Judgement

SAEED K. GYAN, JA:

This case, which at its very inception appeared on the face of it to be quite a simple and straight forward issue of alleged trespass to land ended up assuming a rather hard, difficult, complicated and confused matter, whose resolution was obviously worsened by the fact that, from the pleadings up to a substantial stage of the plenary hearing, the case had been handled by the parties themselves without the support or assistance of legal Counsel.

The legal and factual situation additionally appears to have suffered further complications when following a rather late order for a survey plan to be drawn of the supposed land in dispute, and arising from the outcome of that work, a defence witness applied to be joined and was duly granted leave to join the suit as Co-Defendant, whereupon there subsequently emerged a tacit agreement between the said witness/co-defendant and the main Defendant in the case (1st Defendant) whereby the said 1st Defendant literally and practicall…

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