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PADI OFANTES OLOGO, SANDEEP MABROS AND DYSON POPULAMPU V. TETTEY OSABU DZAHI

(2016) JELR 68641 (CA)

Court of Appeal  •  CIVIL APPEAL NO.: H1/07/2016  •  29 May 2016  •  Ghana

Coram
K.A. ACQUAYE JA (PRESIDENT), S. KWEKU GYAN J.A, M. MABEL AGYEMANG (MRS) J.A

Judgement

ACQUAYE, J.A

This judgment is the result of an appeal filed against a suit initiated by the plaintiff/respondent claiming jointly and severally against the defendants/appellants:-

a) A declaration of title to land bounded by the properties of Nyewer Abokobi; Prof Appiah Dedu, Lemor-Dor and Wamla Streams and Ohene Djahi

b) Damages for trespass

c) An order for recovery of the land in dispute

d) Perpetual injunction restraining the defendant from entering the land in dispute

The basis of the plaintiff respondent’s claim in the court below was that his paternal grandfather Tettey Osabu acquired the disputed land through settlement when the Krobos first descended from the Krobo hills to present day Somanya. According to the plaintiff, his grandfather was succeeded by his son and plaintiff’s father Tettey Djahim who remained in possession till he died in 1985. After his father’s funeral their then head of family Numo Tekpetey divided or shared the land situate at Lemodo near Brigade between he th…

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