BENJAMIN OSEI
V.
KIESER

(2004) JELR 69489 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 90/2002 ·  27 Feb 2004 ·  Ghana
CORAM
OMARI-SASU J.A. (PRESIDING), TWENEBOAH KODUA J.A., QUAYE J.A.
Core Terms Beta
respondent
court
damages
learned trial judge
madam adwoa boah
award
cocoa
adwoa boah
factual basis
grounds of appeal
respondent’s case
response
valid arbitration
above schedule of producer price of cocoa
additional grounds
allegation of valid arbitration
ayomso stool land
brother of respondent
close examination of the record shows
crop year producer price
defendant-appellant
disputed land
enjoyment of the farm
farm produce
food crops
general public
kwaku wiredu
late madam adwoa boah
late mother’s estate
lifetime of the said madam adwoa boah
nana akwaboahene of kumasi
omari-sasu
osei kwaku j
parcel of farm land
payment of price
period of issuance of the writ
plaintiff-respondent
presence of witnesses
producer price of cocoa
purchase price of the land
purpose of computation of damages
record of appeal
record of the date
republic of nigeria
said adwoa boah
said madam adwoa boah
said sale of foodstuffs
statement of claim
trial judge
virgin forest

OMARI-SASU, J.A.

On January 22, 2004, this court entered judgment for the Plaintiff-Respondent (hereinafter to be referred to simply as the Respondent) and against the Defendant-Appellant (who shall henceforth be referred to as the Appellant) but the reasons for the decision were deferred. They are now stated hereunder.

From the endorsement on the writ, the Respondent claimed against the Appellant as follows:—

(a) A declaration of title to that piece or parcel of farm land with cocoa and foodstuffs on it situate and lying at a place commonly known and called BRUTASE on AYOMSO Stool land and having boundaries with Kofi Baasare, S.K. Danso; Donkor Kieser; Kwaku Wiredu and Adwoa Boah – succeeded by Plaintiff.

(b) Damages for trespass.

The writ was issued out together with a Statement of Claim on December 10, 1985. After entering appearance the Appellant filed his Defence to the claim on March 27, 1986. At Summon for Directions stage two (2) issues were set out to be resolved. These are:

(1) Wh…

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