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ODONKOR AND OTHERS V. BOTCHWAY

(1991) JELR 68129 (CA)

Court of Appeal  •  23 May 1991  •  Ghana

Coram
AMPIAH JA, AMUAH JA, ADJABENG JJ.A.

Judgement

AMPIAH J.A.: This is an appeal from the judgment of the High Court, Accra. The plaintiff-respondent herein claimed for himself and on behalf of his Nii Armah Sogblah family of Osu damages for trespass by the defendant-appellants herein to a piece of land at Haatso on which there is the village Haatso, lying north of the University of Ghana, Legon, Accra. He also claimed for an order of perpetual injunction. The defendants as members of the Odai Ntow or Ashong Dzemawung family resisted the plaintiff’s claim and asserted that the plaintiff’s family being on the land only by permission of the defendants’ family, they have no right to claim damages against them for trespass. There was an attempt to counterclaim for a declaration of title, forfeiture and ejectment by the defendants but unfortunately the counterclaim as part of a statement of defence filed irregularly was struck out. There was no appeal against the striking out and no attempt was made to regularise the filing. This action w…

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