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OPANIN KWASI DONKOR V. KOFI LAMAYA & 4 ORS.

(2006) JELR 68920 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 14/2003  •  26 May 2006  •  Ghana

Coram
OWUSU J.A. [PRESIDING], TWENEBOA-KODUA J.A., ANIM J.A.

Judgement

ANIM, J.A.

This is a an appeal from the Judgment of His Honour I. Lartey-Young [as he then was] of the Circuit Court, Tarkwa, dated 2nd September, 2002.

On 26th January 2001 the Plaintiff/Appellant [hereinafter referred to as "the Plaintiff"] commenced action at the Circuit Court, Tarkwa, against the Defendants/Respondents [herein after referred to as "the Defendants".

By his writ of summons the Plaintiff asked the Court for:—

[a] Recovery of Possession of all that piece of secondary Forest Land situate at a place commonly known and called "SUBRITIFI" on the BEPON STOOL LAND bounded by the properties of Agya Owuo, Atta Boadi, Opanin Armah, Nana Badu and River Subri.

[b] Declaration of title.

[c] Damages for trespass

[d] Perpetual Injunction.

The brief facts are that the Plaintiff contends by his statement of claim that he is the grandson of the late Kwabena Asare who originally acquired the piece of land, portion of which is the disputed land and that after his death the land had become famil…

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