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SAMUEL KWASI NTIRI NARKO KONKAI TAWIAH V. GBAWE MANTSE ADAM KWATEI QUARTEY

(2006) JELR 68370 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/29/2004  •  18 Oct 2006  •  Ghana

Coram
MISS AKUFFO J.S.C. (PRESIDING),DR. TWUM J.S.C,DR. DATE-BAH J.S.C,ANSAH J.S.C,ANINAKWAH J.S.C.

Appearances
MR. ADUAMA OSEI FOR APPELLANT; MR. ATTA AKYEA FOR RESPONDENT.

Judgement

JUDGEMENT

DR. TWUM, J.S.C.

This is an appeal from the judgment of the Court of Appeal dated 22nd November 2001. It allowed in part the appeal lodged by the Appellant herein against a previous judgment of the Circuit Court delivered in favour of the Respondents herein on 18th August 1998.

Pleadings

In the Circuit Court, the first Respondent herein (then Plaintiff) sued the first Appellant for these reliefs:-

Declaration of title to a piece or parcel of land at Chuim, Odorkor.

Recovery of possession

General damages for trespass

Perpetual injunction

The Plaintiff traced his root of title to a conveyance dated 11th October 1977, made between Nii Nikoi Amontia IV, Asere Mantse of Accra on the one hand and the Plaintiff on the other. This deed of conveyance was stamped as AC 11330/77. It was, however, not registered. The Plaintiff pleaded that his said land was situated at Chuim, Odorkor-Accra, “containing an approximate area of 0.34 acre and bounded on the North East by a proposed road measuring 13…

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