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ROBERT OFORI APPIAH V. THERESA ARKO

(2017) JELR 66693 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/38/16  •  27 Mar 2017  •  Ghana

Coram
HONYENUGA J.A. (PRESIDING), GYAN J.A., DAPAAH J.

Appearances
DR. KWAKU NSIAH FOR THE PLAINTIFF/APPELLANT,MR. RICHARD TWUMASI ANKRAH FOR DEFENDANT/ RESPONDENT

Judgement

HONYENUGA, J.A.

This is an appeal by the plaintiff/appellant (hereinafter referred to as the plaintiff) against the judgment of the High Court, Cape Coast, dated the 31st day of July, 2015. The said court entered judgment in favour of the defendant/respondent (hereinafter called the defendant) on her reliefs claimed. Costs of GH¢10,000.00 was awarded against the plaintiff.

The facts of this appeal were that the plaintiff claimed to have acquired a total of twenty-four (24) plots of land from Nai Odupon Awushie the head of Anona family and the chief of Odupong Ofankor in July 2001 for a period of ninety-nine (99) years. He registered the land in 2006 and assigned eighteen (18) plots to others leaving six (6) plots that are in dispute. He discovered acts of trespass in 2006 and in 2007 and so he undertook a search which revealed that the trespasser which later turned out to be the defendant did not acquire the land in dispute and despite all warnings to her, she persisted. Unable to conta…

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