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UNIQUE GUEST HOUSE LTD. V. JACOB KOFI BARAGBOR & 2 OTHERS

(2010) JELR 67965 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/21/2010  •  17 Jun 2010  •  Ghana

Coram
G.M. QUAYE J.A. (PRESIDING), YAW APPAU J.A., ADUAMA OSEI J.A.

Judgement

JUDGMENT

ADUAMA OSEI J.A.

On the 30th of December, 2005, the Plaintiff/Appellant caused a Writ of Summons to be issued in the High Court, Accra, claiming against the 1st Defendant/Respondent a declaration of title and other reliefs in respect of a parcel of land at Bortianor in Accra. In the same Writ of Summons, the Plaintiff/Appellant also claimed declaration of title and other reliefs in respect of a different parcel of land against 2 other Defendants.

In the Statement of Claim accompanying the Writ of Summons, the Plaintiff/Appellant claimed to have acquired the land in issue in June, 1998 from the Nii Kwei Arku IV Family, represented by Nii Akotey IV, Dzasetse and acting Mantse of Bortianor. The Plaintiff/Appellant contended in the Statement of Claim that it had brought its action against the Defendants because the Defendants had carved out portions of its land for themselves and were developing the same without its consent or authority.

Upon being served with the Writ of Summons and…

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