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NII AFLAH II V. BENJAMIN KWAKU BOATENG

(2021) JELR 109115 (CA)

Court of Appeal  •  H1/155/2021  •  16 Dec 2021  •  Ghana

Coram
JUSTICE SENYO DZAMEFE J. A. JUSTICE P. BRIGHT MENSAH J. A. JUSTICE JENNIFER A. DODOO (MRS) J. A.

Appearances
Mr. Joseph Kaponde for plaintiff/appellant; Mr. Joseph Kweku Gyimah for defendant/appellant.

Judgement

JUDGMENT

DODOO, JA (MRS)

The reliefs endorsed on the writ issued on 12th July, 2013 (See p. 2 of the Record of Appeal {ROA}) were as follows:

(a) Declaration of Title to land lying or being at Odorkor at Teiko Adam near Tsum, Odorkor with an approximate area of 0.29 acre with a house thereon and more particularly described on Plaintiff’s title documents.

(b) Perpetual Injunction restraining the defendant herein, whether by himself, agents, assigns, representatives, hirelings or whosoever from entering into, trespassing or intermeddling with the said property.

The parties would be referred to as the Plaintiff and Defendant respectively.

The Plaintiff’s Claim

The Plaintiff’s claim was to the effect that he had obtained a conveyance from his grantor, Stella Aso Siaw in 1989. He had since put up a structure on the land. His caretaker was evicted in 2013 by the Defendant who had obtained judgment at the Kaneshie District Court. According to him, his caretaker had travelled at the time suit was in…

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