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OPANIN KWASI BOYE AND 2 OTHERS V. OPANIN KWAME AMAKYE AND OFORI ASUMADU

(2018) JELR 68925 (CA)

Court of Appeal  •  CIVIL APPEAL: H1/06/2017  •  16 Jan 2018  •  Ghana

Coram
K. A. ACQUAYE JA (PRESIDING), S. K. GYAN JA, M. M. AGYEMANG (MRS.) JA

Judgement

AGYEMANG, JA:

In this appeal against the judgment of the Circuit Court, Mpraeso, delivered on the 29th day of October 2015, the sole ground of appeal set out by the defendants/appellants is that the judgment is against the weight of the evidence on record.

These are the matters antecedent to this appeal.

The first and second plaintiffs, the head and member respectively of the Aduana (Gyase) family of Obomeng Kwahu (hereafter referred to alternately as the plaintiffs or the respondents), commenced suit against the first, second and third defendants head and members respectively of the Agona family of Obomeng Kwahu (hereafter referred to as the defendants or the appellants) claiming inter alia, a declaration of title to, recovery of possession of, and damages for trespass to all that piece or parcel of land situate, lying and being at Nkawkaw (Obemeng Section) described as Plot Number 102 Block D Section IB.

It was the plaintiffs’ case that the said parcel of land was the property of their …

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