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NKRUMAH V. SERWAH AND OTHERS

(1984) JELR 69310 (CA)

Court of Appeal  •  19 Dec 1984  •  Ghana

Coram
EDUSEI JA,MENSA BOISON JA,OSEI-HWERE J.A.

Appearances
E. A. OSEW FOR THE PLAINTIFF-APPELLANT; AGYEMAN-BEMPAH FOR THE DEFENDANTS-RESPONDENTS.

Judgement

OSEI-HWERE J.A.

On his own testimony the plaintiff-appellant (hereinafter referred to as the plaintiff) is well educated and taught in both secondary and elementary schools. It is a paradox that the very blessing of his good education, as will be seen hereafter, was to fare ill with him in the action he launched at the High Court, Kumasi. That action sought the following reliefs against the defendants-respondents (hereinafter referred to as the defendants) jointly and severally:

“i A declaration of title to and possession of house No. 18, Block III, Yenyawso, Kumasi.
ii Damages for trespass.
iii Perpetual injunction restraining the defendants, their agents, workmen or servants from interfering with the plaintiff’s ownership and possession of house No. 18, Block III, Yenyawso, Kumasi.
iv A declaration that a purported assignment dated 20 December 1977 to Opanin Kofi Nyamekye and the subsequent assignment to the first defendant be declared void.”

The co-defendant-respondent (hereinafter r…

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