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TEMA METROPOLITAN ASSEMBLY V. SAMUEL KOFI DIAME

(2017) JELR 67284 (CA)

Court of Appeal  •  SUIT NO. H1/179/2016  •  1 Jun 2017  •  Ghana

Coram
K. A. ACQUAYE J.A. (PRESIDING), B. ACKAH-YENSU J.A (MS), A. S. K. GYAN J.A.

Appearances
EMMANUEL AVENORGBO FOR THE DEFENDANT / APPELLANT ,KWAME FOSU GIEABOUR FOR THE PLAINTIFF /RESPONDENT

Judgement

ACQUAYE, J A:

This appeal is against the award of damages by the Tema High Court on 9th July 2014 against the defendant/appellant for unlawfully pulling down the plaintiff’s building.

It all began when the plaintiff/respondent issued a writ of summons on 20th June 2013 claiming against the defendant/appellant special damages for the full value of the plaintiffs building demolished by the defendant, punitive and aggravated damages for same and perpetual injunction restraining the defendant and her agents from interfering with the land in dispute. The plaintiff’s case was that he acquired a parcel of land at Baatsona, Spintex Road, Accra with Land Title Certificate No. TD 6792. He put up a building with a fence wall on the land but on 13th June 2013 workers and officials of the defendant entered his property and punched a wide hole in the plaintiff’s fence wall. The following day officials and workers of the defendant again came to the premises with a pay-loader machine and demolished the…

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