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ANTHONY SAKYI
V.
KOFI ADJEI BOADI & ANOR

(2019) JELR 107179 (HC)

High Court 17 Jun 2019 Ghana
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- Plaintiff sued Defendant for unlawful entry and destruction of building materials on Plaintiff's land, seeking declaratory relief, injunction, special and general damages, and costs. - Defendant filed an unconditional appearance and, in h

Case Details

Suit Number:GJ/321/2018
Judges:GIFTY AGYEI ADDO, J.
Counsel:EKOW AMPAH KORSAH FOR THE PLAINTIFF/RESPONDENT. FELIX NTOSO FOR THE 1ST DEFENDANT/APPLICANT. NO LEGAL REPRESENTATION FOR THE 2ND DEFENDANT.
Location:Accra

RULING

On the 28th of August, 2018, the Plaintiff instituted the present action against one Kofi Adjei as Defendant for the following reliefs as endorsed on the writ of summons and statement of claim:

i. A declaration that the entry upon and destruction of building materials on the Plaintiff’s land by the Defendant is unlawful.

ii. An order for perpetual injunction to prevent the Defendant either by himself, his agents, workmen or privies from entering upon the Plaintiff’s property or in any way interfering with the Plaintiff’s quiet enjoyment of his property.

iii. Special damages in the sum of GH₵37,850.00 being the value of the building materials destroyed by the Defendant on the Plaintiff’s land.

iv. General damages for trespass.

v. Costs.

The Defendant entered conditional appearance on 5th September, 2018. The conditional appearance was however not followed up with a pursuant application as expected under Order 9 Rule 8 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). Sa…

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