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AMY ADEDE NYLANDER
V.
MRS DIANA BENISA

(2018) JELR 108066 (HC)

High Court 24 Oct 2018 Ghana
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- The plaintiff sued Mrs. Diana Benisa for a declaration of title to a 0.37-acre piece of land and an injunction to prevent interference with the land. - Mrs. Diana Benisa died during the lawsuit and was replaced by Albert Kofi Benisa, who

Case Details

Suit Number:SUIT NO: BL/23/2008
Judges:ANTHONY OPPONG, J
Counsel:CHARLES ZWENNES ESQ. WITH FRANCESCA AWOTWI ESQ. FOR PLAINTIFF JUSTIN AMENUVOR ESQ. WITH MIRACLE ATACHEY ESQ. AND NAA ADJELEY DSANE ESQ. FOR DEFENDANTS

JUDGMENT 

In the year 2007, Plaintiff sued one Mrs. Diana Benisa (now deceased). The  reliefs sought were a declaration of title to a 0.37-acre piece of land at Osu, Accra  and perpetual injunction restraining the Defendant whether by herself or her  servants and/or agents from entering the land or carrying out any building  activities or in any way interfering with Plaintiff’s use and enjoyment of the land. 

In the course of time, while the suit was pending, Defendant died and since  the cause of action survived her, one Albert Kofi Benisa, a surviving son applied  and was duly substituted. However, the substituted Defendant, Albert Kofi Benisa  was subsequently replaced or further substituted by Barbara Benisa and Cookie  Cofie who were actually described as the personal representatives of the original  Defendant, the late Mrs. Diana Benisa. 

As earlier indicated, the land Plaintiff sued for was stated as approximately  0.37 acre. It was further stated that it formed part of a large…

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