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NANA BRAFO DADZIE II CHIEF OF UPPER SHAMA JUNCTION V. JOHN KING ARTHUR AND 13 OTHERS

(2014) JELR 64131 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/05/2015  •  10 Dec 2014  •  Ghana

Coram
C. J. HONYENUGA JA (PRESIDING), BARBARA ACKAH-YENSU JA, SAAED KWAKU GYAN JA

Appearances
MR. E. K. AMUA-SEKYI FOR THE DEFENDANT/APPELLANT,MR. SAMUEL DZIGBA FOR THE PLAINTIFF/RESPONDENT

Judgement

HONYENUGA, JA

This is an appeal against the judgment of the High Court Sekondi dated the 25th day of July 2013. The said court gave judgment in favour of the plaintiff/respondent. In this appeal the plaintiff/respondent would be referred to as the respondent and the defendants/appellants as the appellants.

The facts of this appeal are that the respondent as the Chief of Upper Shama Junction and the custodian of all Upper Shama Junction lands caused a writ of summons to be issued against the respondents claiming as follows:

“(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 writ was accompanied by a sixteen paragraph statement of claim. The appellants filed an appearance and caused a three paragraph statement of defence to be filed on their behalf. The respondent …

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