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NANA BRAFO DADAZIE II V. JOHN KING ARTHUR, ABEIKU ARTHUR, GEORGE ARTHUR, ATTA OCRAN, MAD.ADWOA ACKON, KWESI ESSOUN, PAPA YAW, MR. JOSEPH AIDOO, SAMUEL KRAH ALIAS KWEKU ANNAN, ALBERT KOJO, DADZIE-FYNN, EGYA KWANDADOR JNR, OPANYIN KWEI, ATOAMU KWAW ANDEGYA ACKON (DRIVER)

(2017) JELR 67996 (SC)

Supreme Court  •  CIVIL APPEAL NO: J4/20/2016  •  26 Jan 2017  •  Ghana

Coram
ANIN YEBOAH JSC (PRESIDING), BAFFOE- BONNIE JSC, GBADEGBE JSC, APPAU JSC, PWAMANG JSC

Judgement

YAW APPAU, JSC.

This is an appeal against the judgment of the Court of Appeal dated the 10th day of December, 2014. The Appellants, who are fourteen (14) in number, were the Defendants in the trial High Court. They were sued by the Respondent who was the Plaintiff and Chief of Upper Shama Junction. His claim against all the Defendants/Appellants was for two reliefs only, i.e.:

(i) General Damages for trespass to portions of the Upper Shama Junction lands bounded on all sides by the lands of Ituma, Kwasi Ansah of Agona family of Kumase-Shama, Bonsaba lands and Konfueku lands;

(ii) Recovery of possession of lands unlawfully occupied by the defendants.

The Defendants/Appellants lost in the trial High Court and lost the second time in the Court of Appeal when they appealed against the judgment of the trial High Court. This is therefore their second appeal. They would simply be referred to as Appellants in this appeal whilst the Plaintiff/Respondent would maintain the description ‘Respondent…

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