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REV. ARHIN DAVIES V. JOHN KWAME KUMAH

(2014) JELR 69873 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/24/13  •  16 Jun 2014  •  Ghana

Coram
C. J. HONYENUGA J.A (PRESIDING), D. ADJEI J.A, B. F. ACKAH-YENSU J.A

Appearances
I.G CARSON FOR PLAINTIFF/APPELLANT,KODJE KUM FOR PLAINTIFF/RESPONDENT ABSENT

Judgement

BARBARA ACKAH-YENSU, JA

This is an appeal against the judgment delivered on 27th February, 2012 by the High Court sitting at Sekondi. By the said judgment, the Court dismissed the case of the Plaintiff/Appellant (to be referred to simply as “the Appellant” hereinafter) and decreed judgment in favour of the Defendant/Respondent (also to be referred to as “the Respondent’ hereinafter).

The gist of this case is that the Appellant issued a writ of summons against the Respondent in the High Court for; a declaration that the land in dispute belonged to his paternal family; recovery of possession; perpetual injunction against the Respondent; and general damages. The basis of the Appellant’s case was that he was the grandson of L.T.C Davies who on 10th December 1912 was adjudged the owner of a larger area of which the current land in dispute forms part, in the case L.T.C Davies v. Norweh. One Ebusuapanyin Yaa Kwesi unsuccessfully tried to claim the larger land from the Appellant in the case Ebu…

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