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THE REGISTERED TRUSTEES OF THE CATHOLIC DIOCESE OF KOFORIDUA V. ABENA OPOKUAA AND 4 OTHERS

(2009) JELR 68095 (CA)

Court of Appeal  •  CIVIL APPEAL No. H1/ 211/ 08  •  12 Mar 2009  •  Ghana

Coram
KUSI-APPIAH J.A. (PRESIDING), DUOSE J.A., ADUAMA OSEI J.A.

Judgement

JUDGMENT

KUSI-APPIAH, J.A.

This is an appeal from the judgment of the High Court, Nkawkaw dated on 31 March 2008, which reversed the decision of the trial District Court, Nkawkaw dated 8 September, 2006. By its decision, the District, Court Nkawkaw had granted the plaintiff’s claim for a declaration of title to a piece of land fully described in the writ of summons. The trial District Court had also upheld the plaintiff’s claim for an injunction to restrain the defendants and their agents from going on to the land together with cost of ¢2 million against each of five defendants. However, no damages for trespass was awarded in favour of the plaintiff. The trial District Court held inter alia that the plaintiff could not lead sufficient evidence to enable it to assess the damages for trespass.

The High Court, Nkawkaw in allowing the defendants appeal, awarded them GH¢500.00 costs. The plaintiff felt aggrieved by the said decision and has appealed to this court on these grounds:—

"(a) That t…

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