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NANA OBENG AKROFI V. NANA ASANTE AMPADU AND NANA AMEYAW DEBRAH

(2013) JELR 65571 (CA)

Court of Appeal  •  SUIT NO.: H1/199/06  •  25 Jul 2013  •  Ghana

Coram
OWUSU M. J.A. (PRESIDING), ADUAMA OSEI J.A., LOVELACE-JOHNSON J.A.

Appearances
MR. K. AMOAKO ADJEI AND MR. A. Y. NYARKO ADU FOR DEFENDANTS/APPELLANTS,MR. OBENG MANU FOR PLAINTIFF/RESPONDENT

Judgement

MARIAMA OWUSU, J.A:

On 10-12-2002, the High Court, Nkawkaw dismissed the defendant’s counterclaim as not proved. It then gave judgment for the plaintiff as follows:

“I enter judgment for plaintiff. I grant the plaintiff all the reliefs he sought for. It is declared that title of the land in dispute is on the plaintiff and he is owner of the property in dispute.

The plaintiff is therefore to recover all that piece or parcel of land known as Plot No. 86 with building thereon known as Nkawkaw Ahenfie.

It is ordered that the body of Nana Bonsu Nyame (deceased) buried on the property be exhumed and buried at the proper place.

As regards damages for trespass, I take into consideration the fact that the defendants have deprived plaintiff of his property, trespassed onto the land have even buried a body on the premises without the consent and authority of the plaintiff. The plaintiff is entitled to damages and I award damages of ¢10,000,000.00 to the plaintiff against the defendants.

The defendants…

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