NANA ANIN AGYEKUM AND NANA WAWA ANIM II V. ADANSI ASAASI MINING CO. LTD AND PELANGIO MINES CO. LTD.
(2018) JELR 65768 (CA)
Court of Appeal
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SUIT NO. H1/83/2016
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26 Feb 2018
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Ghana
Coram
ADUAMA OSEI JA (PRESIDING), SENYO DZAMEFE JA, WELBOURNE (MRS.) JA
Appearances
KOFI ADDO FOR 1ST DEFENDANT/APPELLANT,OSCAR KOFI JUMAH FOR PLAINTIFFS/RESPONDENTS
Judgement
<p>ADUAMA OSEI JA:</p><p>This is our judgment in an appeal against a decision of the Commercial Division of the High Court, Kumasi, dated the 30<sup>th</sup> of October, 2015, in which the High Court entered judgment against the 1<sup>st</sup> Defendant/Appellant in favour of the Plaintiffs/Respondents for all the reliefs claimed by them except two.</p><p>The Plaintiffs/Respondents instituted the action on their own behalf and on behalf of the Adansi Asaasi Asona Stool of Ashanti against the 1<sup>st</sup> Defendant/Appellant and the 2<sup>nd</sup> Defendant jointly and severally, and the reliefs claimed by them, as indorsed on their amended writ of summons, were as follows:</p><p><em> “(a) Recovery of the original copy of the card and the originals of all documents relative to the 1</em><em><sup>st</sup></em><em> defendant and mentioned in paragraphs 9 and 13 of the statement of claim.</em></p><p><em>“(b) A declaration that all directors of the 1</em><em><sup>st</sup></em><em> defendant are trustees of the Adansi Asaasi Stool and its allied communities and have been such trustees since 1974 when the 1</em><em><sup>st</sup></em><em> defendant was registere…</em></p>