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NANA OKYEKU V. RUBBER PLANTATION GHANA LTD

(2021) JELR 108989 (CA)

Court of Appeal  •  H1/01/2020  •  5 May 2021  •  Ghana

Coram
CECILIA H SOWAH JA (PRESIDING), ANTHONY OPPONG JA, ANGELINA MENSAH HOMIAH JA

Appearances
S. H. OWUSU ESQ. FOR THE PLAINTIFF/RESPONDENT SULEMAN MUSAH ESQ. FOR THE DEFENDANT/APPELLANT

Judgement

JUDGMENT

ANTHONY OPPONG JA

In June 2011, the Plaintiff/Respondent (to be referred to hereafter as respondent) sued  the Defendant/Appellant (to be also referred to hereafter as Appellant) in the District  Court, Akim Oda. The reliefs the respondent sought from the District Court were: 

“1. Recovery of possession of all that parcel of land situate lying and being  at Topease near Asamankese on Asamankese Stool  land bounded by the Asamankese- Kade motor road, on one side by  Nkodan stream, on one side by the property of the defendants and on one  side by Topease Methodist primary and JHS school; 
2. General damages of GH¢5,000 for trespass to plaintiff’s land herein” 

The factual basis of the case of Respondent by way of the pleadings has it that the land  originally belonged to Asamankese stool and same was acquired by Respondent’s  grandfather in its virgin state for farming purposes about hundred years ago.  Respondent’s family broke the virgin forest and cultivated cocoa and other food…

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