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ROSE AGYARKO KUMI V. ELIZABETH ADWOA KWABEA

(2017) JELR 66297 (CA)

Court of Appeal  •  CIVIL APPEAL: NO: H1/18/2014  •  28 Feb 2017  •  Ghana

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

Appearances
CHRIS OSEI YEBOAH FOR DEFENDANT/APPELLANT,AKUSHIKA DADZIE FOR PLAINTIFF/RESPONDENT

Judgement

SOWAH, J.A.:

The Circuit Court, Akropong-Akwapim on 18 September 2013 gave judgment in favour of plaintiff/respondent (who will be referred to as the plaintiff in this appeal) against the defendant/appellant (hereafter called the defendant) in the following terms:

1. Declaration of title to all that piece or parcel of land described in paragraph 9 of the statement of claim

2. Recovery of possession of the land

3. Damages of ¢5,000.00 against the defendant for the plaintiff.

4. Perpetual injunction restraining the defendant, by herself, assigns, agents, privies and servants from interfering with the land under dispute.

The plaintiff was also awarded costs of ¢2,000.00

The brief facts of the case were that the plaintiff sued in respect of half of a plot of land, which she said, formed part of a larger piece of land that was first settled by her great grandmother Nana Oye some 200 years ago. The land had passed from generation to generation in her family, namely Amene, Ayaw and Amma Agyaako. D…

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