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AMA KISSIWAA AND KWAME ASARE
V.
KWASI ODURO BOTWE

(2018) JELR 67756 (CA)

Court of Appeal 24 Jul 2018 Ghana
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- Plaintiffs, children of the late Kofi Kora Asare, sued the defendant (their cousin) seeking declarations that certain farms and a house were their inherited, self-acquired property, as well as damages and an injunction against interferenc

Case Details

Suit Number:SUIT NO: H1/10/2018
Judges:K. A. ACQUAYE JA (PRESIDING), S. K. GYAN JA, M. M. AGYEMANG (MRS.) JA
Counsel:MR. J. K. BOAKYE MENSAH FOR PLAINTIFFS / APPELLANTS,MR. KING HUSSIEN IBN ALHASSAN FOR DEFENDANT / RESPONDENT

AGYEMANG JA

In this appeal against the judgment of the High Court, Nkawkaw, in the Eastern Region of Ghana, delivered on the 27th day of April 2017, the plaintiffs/appellants (referred to hereafter as the plaintiffs), seek the setting aside of the judgment entered for the defendant respondent (referred to hereafter as the defendant).

The antecedents of the instant appeal are as follows:

The plaintiffs, children of Opanin Kofi Kora Asare, late of Akim Akakom, in the Atiwa District of Ghana, brought suit against the defendant, the grandnephew of the deceased gentleman at the court below, seeking the following: a declaration that the farm and farm lands of the late Kofi Kora Asare given to the plaintiff and her siblings, and cultivated at their expense, was the property of the plaintiff and her siblings, special and general damages, and a perpetual injunction restraining the defendant and his privies from entering onto, and dealing with the lands in dispute.

It was the case of the plaintiff …

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