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OPANYIN KOFI BOATENG (HEAD OF FAMILY) AND 2 OTHERS V. OPANYIN KWASI NKANSAH AND MAD. AKU ASARFOA

(2016) JELR 68901 (CA)

Court of Appeal  •  SUIT NO: H1/14/2014  •  8 Jun 2016  •  Ghana

Coram
ADJEI J.A. (PRESIDING), SOWAH J.A., MENSAH J.A

Judgement

SOWAH, (J.A.)

This is an appeal from the judgment of the High Court, Koforidua dated19th July 2013.

The appellants herein who were the plaintiff's at the trial court sued the defendants' seeking a declaration that the property in dispute described as H/No. SD/A 81 situate at Sorodae Koforidua was an integral part of H/No. SD/A 82. They sought recovery of possession of two bedrooms in the house numbered SD/A 81 and perpetual injunction. Their case was that the property in dispute was built about 1925 by their predecessor Nana Kofi Kwarteng who permitted one Agya Asante, an uncle of the defendants' to live in two rooms in the house now known as H/No. SD/A 81. They asserted that the two rooms given to Agya Asante fell outside the house when the original entrance to the house was sealed after the construction of a new street. They alleged that the two rooms and adjoining land was renumbered without the knowledge of the plaintiff's.

The defendants' denied these assertions. Their case was that…

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