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THERESA AFUA FREMAH V. DANIEL AKWASI AMANKWAH AND ANOTHER

(2011) JELR 64459 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/13/2011  •  1 Apr 2011  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.

Judgement

JUDGMENT

F.G. KORBIEH, J.A.

This appeal emanates from the Circuit Court, Kumasi and is against the judgment of His Honour, Mr. Adjei-Frimpong. I will begin by recounting the brief facts of the case leading to the appeal. The plaintiff/appellant (hereinafter only referred to as the appellant) is the mother of the 1st defendant/respondent (hereinafter only referred to as the 1st respondent). The 1st respondent was or is the husband of the 2nd defendant/respondent (hereinafter only referred to as the 2nd respondent) with whom he has two daughters. The appellant took out a writ of summons, claiming against the respondents three reliefs which were:

1. A declaration of title to plots nos. 1Block C and 4 Block C, Addae Street, situate, lying and being at Oheneba Achiaa Panin Stool lands, Apatrapa, Kumasi;

2. Recovery of possession; and

3. Perpetual injunction restraining the defendants and all persons claiming title through them from interfering with the plaintiff’s said properties.

In stating her…

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