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ABUSUAPANIN ADUSEI DARKO
V.
OSEI YAW & ANOR

(2025) JELR 114314 (CA)

Court of Appeal 30 Apr 2025 Ghana
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- Plaintiff sought declaration of title, recovery of possession, perpetual injunction, and damages over specific plots of land at Sepaase, Ashanti Region, asserting entitlement as Abusuapanin of the Asona Royal Family; judgment in his favou

Case Details

Suit Number:CIVIL APPEAL NO: H1/121/2024
Judges:GIFTY DEKYEM (MRS), J. A. GEORGINA MENSAH-DATSA (MRS), J. A. ALEX OWUSU-OFORI, J. A.
Counsel:K. A. ASANTE-KROBEA ESQ. FOR PLAINTIFF/RESPONDENT/APPELLANT WITH KWAME ADOMAKOH AFRAM ESQ. AND ISAAC OWUSU AFRIYIE ESQ.
Location:Kumasi

JUDGMENT

GIFTY DEKYEM, J. A:

INTRODUCTION:

This is in respect of an appeal by the Plaintiff/Respondent/Appellant (hereinafter called Plaintiff) against the ruling of the High Court, Kumasi, dated 24 July 2023, found on pages 232 to 238 of the record of appeal (ROA). The ruling is in respect of a motion on notice filed by Samuel Asare (hereinafter called Applicant), a stranger to the suit, with the leave/consent of the 2 Defendant, seeking to set aside the judgment delivered in the suit dated 30 March 2021 which was granted.

BACKGROUND:

Plaintiff, per his writ of summons and statement of claim filed on 26 April 2019 with Suit No. HRC/38/19 sought a declaration of title to Plot Nos. 18K, 20K, and 25K, Adusei Street, Sepaase, and an unnumbered piece of land in the Atwima Nwabiagya Municipality of the Ashanti Region, which forms part of the Okodom Stool lands vested in the Asona Royal Family; recovery of possession, perpetual injunction, general damages for trespass, costs, and any other order…

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