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OFORI V. APPIAH AND OTHERS

(1988) JELR 68043 (SC)

Supreme Court  •  15 Jul 1988  •  Ghana

Coram
FRANCOIS J.S.C,AMPIAH JA,LAMPTEY J.A

Appearances
AMPOFO FOR THE APPELLANT; OPPONG FOR THE RESPONDENTS

Judgement

LAMPTEY J.A.

Amos Kwaku Ofori (hereinafter called the plaintiff) took out a writ of summons against the three defendants, Nana Kwaku Appiah, Mimhene and two other (hereinafter respectively referred to as the first, second and third defendants). He claimed against them:

“A declaration of title to land; recovery of possession of fallow land situate at a place called Kwada-Boa on Ayomso stool land bounded by properties of Brenya, a forest, Mr. Kusi, Brekua Mansa as well as damages for trespass and an order for perpetual injunction.”

The trial before the District Court, Grade I, Goaso terminated in favour of the plaintiff. Aggrieved by that decision the defendants appealed against the judgment to the High Court, Sunyani. The High Court, Sunyani, reversed the decision of the District Court, Grade I, Goase and entered judgment for the defendants against the plaintiff. As was to be expected the plaintiff felt aggrieved by the judgment of the High Court, Sunyani and appealed to this court.

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