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MRS. VINCENTIA MENSAH V. NUMO ADJEI KWANKO II

(2015) JELR 64244 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/185/2013  •  12 Mar 2015  •  Ghana

Coram
MARFUL-SAU JA (PRESIDING), AGNES DORDZIE JA, MARGARET WELBOURNE JA

Appearances
KWAME FOSU GYEABOUR FOR THE DEFENDANT/ APPELLANT,GEORGE F. GARDINER FOR THE PLAINTIFF/ RESPONDENT.

Judgement

MARFUL-SAU, JA

The plaintiff who is the respondent in this appeal commenced this action as the head of the family of one Sardis Noa Adjeitey. She was also the daughter, customary successor and heir of the said Sardis Noa Adjeitey and as such claimed to be entitled to the beneficial enjoyment and control of the land the subject matter of this case. The land in dispute, which was well described in the writ of summons, measured according to the respondent approximately 33.06 acres situate at Barchona station, North Teshie. The action was originally brought against two defendants, namely Numo Adjei Kwanko II as the first defendant and Nii Nortey Adjeifio as the second defendant. By the writ the respondent claimed the following reliefs:-

1. Declaration of title to the land which measured approximately 33.06 acres and more described in the writ of summons.
2. Injunction to restrain the defendants their agents and servants from interfering with the said land in particular by selling or develop…

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