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SENA YAW DENTEYI V. ATTAH SREM

(2020) JELR 92061 (CA)

Court of Appeal  •  Civil Appeal No.: H1/02/2020  •  30 Oct 2020  •  Ghana

Coram
V.D. OFOE, J.A (PRESIDING), JANAPARE A. BARTELS-KODWO (MRS.), J.A , SOPHIA BERNASKO ESSAH (MRS.), J.A.

Appearances
DELA AKATEY FOR APPELLANT EMILE AGBAKPE FOR RESPONDENT

Judgement

JUDGMENT

JANAPARE A. BARTELS-KODWO (MRS.) J.A.

BACKGROUND TO THE APPEAL

This is an appeal by the Plaintiff/Appellant against the judgment of the Circuit Court Judge, Kpando dated the 21st day of January, 2019 in favour of the Defendant/Respondent herein. In this appeal the parties will be referred to simply as Appellant and Respondent. 

BACKGROUND FACTS 

On 19th of January, 2017, the Appellant commenced an action against the Respondent for an order of the Court restraining the Respondent from further trespassing into the developed and settled on land by the Appellant. It is the Appellant’s claim that the parties are members of two families i.e. the Appellant belongs to the Dente family of Aveme Dzeme where he is resident and the Respondent to the Srem family of Aveme Danyiigba.

Following a protracted land litigation by the parties, it was decided that both families have equal rights to the land so they reached for a peaceful settlement and same was reduced into a mediation report and signed…

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