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BENJAMIN DANQUAH
V.
AGNES AHADZI AND PIONEER MALLS

(2021) JELR 108966 (CA)

Court of Appeal 20 May 2021 Ghana
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- The appeal was against a High Court judgment where the plaintiff had won a case against the defendants for trespassing and demolishing a building on his land. The defendants' counterclaim was dismissed. - The defendants appealed, arguing

Case Details

Suit Number:H1/168/2016
Judges:H. KWOFIE JA (PRESIDING), B. MENSAH JA, ARYENE JA
Counsel:JOHN AIDOO FOR THE DEFENDANT/APPELLANT S. K. AMOAH FOR THE PLAINTIFF/RESPONDENT

JUDGMENT

ARYENE JA 

This is an appeal against the judgment of the High Court, Accra delivered on 3rd February  2011. In this judgment, we shall refer to plaintiff /Respondent as plaintiff and Defendants/Appellants as Defendants.  

Plaintiff obtained judgment against the Defendants for reliefs endorsed on its amended  writ of summons. 2nd Defendant’s counterclaim, was dismissed as unproven. 

Aggrieved by the decision of the trial court, Defendants are in this court, praying for an  order to reverse the judgment and for judgment to be entered on their counterclaim. Their  prayer is brought under the following grounds of appeal: 

1. That the judgment is against the weight of evidence. 

2. That the learned judge erred in law when he failed to advert his mind to or address  the issue of illegality of the land Title Registry cancelling land certificate no GA  9043 without a proper court order or due process under the Land Title Registration Law, 1986, (PNDCL 152). 

3. The trial judge erred when h…

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