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ASAMOAH BOAKYE
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GHANA EDUCATION SERVICE & AIRTEL GHANA LTD

(2024) JELR 112444 (CA)

Court of Appeal 8 Feb 2024 Ghana
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- This case involves a dispute over a parcel of land in Aputuogya, Ashanti Region. - The plaintiff/respondent sued for declaration of title, recovery of possession, damages for trespass, perpetual injunction, and litigation costs. - The def

Case Details

Suit Number:CIVIL APPEAL NO: HI/128/2023
Judges:ERIC BAAH, JA ANGELINA MENSAH-HOMIAH (MRS), JA ALEX OWUSU-OFORI, JA
Counsel:VIVIAN MFODWAA GYAN ESQ. FOR PLAINTIFF/RESPONDENT. KWABENA AMPONSAH ASARE ESQ. FOR 1 DEFENDANT/APPELLANT.
Location:Kumasi

JUDGMENT

BAAH, J.A

A. BACKGROUND

This appeal challenges the decision of the Circuit Court, Kumasi, dated 26 May 2021, coram: Ali Baba Abature J, sitting as an additional Circuit Court Judge. The legal hostilities over the subject parcel of land situate at Aputuogya in the Ashanti Region, began with the issuance of a writ of summons by the plaintiff/respondent (hereafter respondent) in the Circuit Court, Kumasi, by which he sought in substance the reliefs of:

(a) Declaration of title to the disputed land (b) Recovery of possession (c)damages for trespass (d) Perpetual injunction and (e) Litigation costs.

The 1 defendant/appellant (hereafter appellant) which filed a statement of defence to contest the case, did not counterclaim. The 2 defendant decided not to partake in the hostilities. It notified the court of its intention to atone tenancy to whomsoever emerged victorious. The contest was accordingly between the respondent and the appellant. The respective cases of the parties as communic…

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