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NANA BEDIAKO ATWERE V. OSEI OWUSU

(2011) JELR 106974 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/36/2010  •  18 May 2011  •  Ghana

Coram
ATUGUBA JSC. (PRESIDING) ANSAH JSC. OWUSU (MS.) JSC. GBADEGBE JSC. A. BAMFO (MRS.) JSC.

Judgement

JUDGMENT

OWUSU,  JSC

On 18/05/11, the court unanimously dismissed the Appellant’s appeal.  We now proceed to assign reasons for the dismissal.

This is an appeal against the judgment of the Court of Appeal, Kumasi: Coram: Mariama Owusu (Presiding), F. G. Korbieh and Irene Danquah JJA, delivered on 29th January, 2010.

The plaintiff/Respondent herein had by a writ of summons accompanied by a statement of claim issued in the High Court, Kumasi, claimed against the Defendant/Appellant herein the following reliefs: 

1. Declaration of title to all that 15 acre piece and parcel of building land compassing situate and lying at Amanfrom near Kumasi and bounded by the properties of Abondwoase Stool Land.

2. Declaration that the Defendant is liable to forfeit the land described in paragraph (a) supra on grounds that the Defendant has breached the terms of the grant of the land described in paragraph (a) supra to him.

3. Order for Recovery of Possession of the said 15 acre-parcel of land.

4. Order of Perp…

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