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THE REPUBLIC V. OKYERE DARKO EX-PARTE; LUFUS OWUSU

(2021) JELR 107283 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/48/2019  •  3 Feb 2021  •  Ghana

Coram
DOTSE, JSC (PRESIDING) PWAMANG, JSC TORKORNOO (MRS.), JSC HONYENUGA, JSC PROF. MENSA-BONSU (MRS), JSC

Judgement

JUDGMENT

DOTSE JSC

This is an appeal by the Applicant/Respondent/Appellant, hereafter referred to as the Applicant against the judgment of the Court of Appeal dated 27th July 2017 which allowed the appeal of the Respondent/Appellant/Respondent, hereafter referred to as the Respondent against the judgment of the High Court dated 30th April 2015.

FACTS OF THE CASE

On the 12th of February 2015, the Applicant applied to the High Court, Accra for leave to commit the Respondent for contempt of court based on depositions in an affidavit deposed to by Kofi Dede, the lawful Attorney of the Applicant herein.

The facts germane to this case are that, the Applicant on the 7th day of March 2013 issued a Writ of Summons in the High Court, Accra against the Respondent claiming the following reliefs:-

a. Declaration of title to the parcel of land described in the writ of summons

b. Recovery of possession

c. General damages for trespass

d. An order directed at the defendant to reconstruct plaintiff’s fence wall…

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