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OLIVIA ANIM (SUING PER HER LAWFUL ATTORNEY DIANA MENSAH BONSU) V. WILLIAM DZANDZI

(2019) JELR 66521 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/10/2018  •  6 Jun 2019  •  Ghana

Coram
DOTSE JSC (PRESIDING), YEBOAH JSC, APPAU JSC, PWAMANG JSC, MARFUL-SAU JSC

Appearances
EMMANUEL DWAMENA ASARE FOR THE DEFENDANT/RESPONDENT /APPELLANT,MARTIN L. KPEBU FOR THE PLAINTIFF/APPELLANT/RESPONDENT

Judgement

JUDGMENT

DOTSE, JSC:

This is an appeal from the judgment of the Court of Appeal (Coram: P. K Gyaesayor, K.A. Acquaye, S. Dzamefe) dated 12th March, 2015 where the court reversed the decision of the High court presided over by His Lordship Anthony Oppong J.

FACTS

The brief facts of the case are that, the Plaintiff/Appellant/ Respondent hereafter referred to as Plaintiff initiated an action per her lawful Attorney against the Defendant/Respondent/Appellant, hereafter, Defendant in the High Court, Accra on 20th October, 2010 for the following reliefs:

a) Declaration of title to the disputed land

b) Perpetual injunction restraining the Defendant from dealing in any way with the land including further development of the land

c) Recovery of possession

d) An order to demolish Defendant’s structure on the land and surcharging Defendant with the cost

e) Damages for trespass

f) Cost

g) Any other order or orders this Honorable court may deem fit

THE PLAINTIFF’S CASE

It is the case of the Plaintiff that she a…

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