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MR. & MRS. BEN ANIM ANSAH V. PROF. S.K.A. DANSO

(2012) JELR 64616 (CA)

Court of Appeal  •  SUIT NO. H2/09/2012  •  15 Nov 2012  •  Ghana

Coram
MARFUL-SAU JA (PRESIDING), HONYENUGA JA, DENNIS ADJEI JA

Appearances
MR. NICHOLAS NKRUMAH ESQ. WITH HIM MS. AKUA SARFO FOR THE DEFENDANT/APPELLANT; KOFI LAMPTEY ESQ. FOR THE PLAINTIFFS/RESPONDENTS.

Judgement

JUDGMENT

DENNIS ADJEI, J.A.

On 28th May, 2008 the High Court, Swedru gave judgment in favour of the plaintiffs/respondents herein against the defendant/appellant for:

“i. A declaration of title to all that piece and parcel of land situate, lying at Adupong Kpehe, Kasoa in the Central Region.
ii. Recovery of possession
iii. GH¢20,000.00 as special damages and
iv. GH¢33,000.00 as general damages
v. An Order for perpetual injunction to restrain the defendant, his agents, servants and all those claiming title through him from interfering with the disputed property.

The brief facts of the case culminating in this appeal were that the plaintiffs acquired the disputed land and had it registered at the Lands Commission Secretariat. The plaintiffs laid foundation on the plot. The defendant asserted adverse claim to the land. The defendant thereafter pulled down the uncompleted structure on the plaintiffs said plot under the impression that the plaintiffs have trespassed unto his plot. The defendant i…

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