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NANA YAW BOAKYEM V. OPANYIN KWAME ATIA & SETH ASANTE

(2005) JELR 68346 (SC)

Supreme Court  •  CIVIL APPEAL NO.J4/30/2004  •  20 Jun 2005  •  Ghana

Coram
AKUFFO (MS) J.S.C. (PRESIDING),WOOD (MRS) J.S.C.,DR. TWUM J.S.C,ANSAH J.S.C,ANINAKWAH J.S.C.

Judgement

J U D G E M E N T

ANINAKWAH, J.S.C.: ­

This appeal is by the Plaintiff/Respondent/Appellant (hereafter referred to as the plaintiff from the judgment of the Court of Appeal dated the 15th day of June 2002 reversing the Judgment of the High Court Koforidua, dated the 25th day of June 1998. The Defendant! Appellants/Respondents shall hereafter be referred to as 1st and 2nd Defendants.

On or about the 7th day of July 1988, the plaintiff issued the writ of summons at the Registry of the Koforidua High Court, claiming for:

(a) A declaration of title to the land more particularly described the schedule hereunder.

(b) ¢5,000,000.00 - General Damages for trespass

(c) An order of perpetual injunction restraining the Defendants,

Their agents/ servants and privies from further entry unto the Land.

The schedule heretofore referred to being “ALL THAT PIECE OR PARCEL OF LAND situate lying and being at Senchi in the Akwarnu Traditional Area and bounded on the North by the Senchi Stool Lands, on the South by…

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