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AYIM & ANOR.
V.
AHETO

(2025) JELR 113128 (CA)

Court of Appeal 19 Mar 2025 Ghana
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- The plaintiffs/respondents, suing as administrators and beneficiaries of their late father Kwadwo Darko’s estate, sought declarations of title to land, forfeiture, recovery of possession, damages for trespass, and an injunction, contendin

Case Details

Suit Number:H1/36/2022
Judges:P. BRIGHT MENSAH, JA JEROME NOBLE-NKRUMAH, JA HAFISATA AMALEBOBA (MRS), JA
Counsel:NII AMARTEY AMARTEIFIO FOR THE DEFENDANT/APPELLANT. KWASI OPARE FOR THE PLAINTIFFS/RESPONDENTS.
Location:Koforidua

JUDGMENT

BRIGHT MENSAH JA:

My Lords, this appeal turns on the following crucial questions for our consideration and determination:

  1. Whether the plaintiffs/respondents lack capacity to institute the instant action;

  2. Whether there was ground for forfeiture against the appellant; and

  3. If so, who could exercise the right of forfeiture.

On record, the plaintiffs/respondents herein on 12/08/2021, caused to issue in the registry of the Nsawam Circuit Court, a writ of summons that was filed together with a statement, against the defendant/appellant, claiming the under listed judicial reliefs:

a. A declaration of title to the land described in the schedule to the statement of claim [given below]:

“All that piece of land, situate, laying and being at Adoagyire in the Nsawam Adoagyiri Municipality in the Eastern Region of the Republic of Ghana and bounded on the North-East from Survey pillar SGE A6163/20/2 to Pillar SGE A6163/20/3 by proposed road measuring on that side distance of 193.4 feet more or less…

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