BUKARI ATIIGA AKUSI
V.
BUKARI NINECHIMAH & DANIEL APIAWIN

(2022) JELR 110037 (CA)

Court of Appeal 24 Jun 2022 Ghana
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Case Details

Suit Number:HI/1/2021
Judges:V. D. OFOE, JA (PRESIDING) J. BARTELS-KODWO (MRS.), JA S. R. BERNASKO ESSAH (MRS.), JA
Counsel:ROBERT TATER FOR APPELLANT KENNETH ADABAYIREY FOR RESPONDENTS

V. D. OFOE

This appeal, as is evident from our delivery, under the factual circumstances of this case, compels a brief opinion.

The plaintiff is the Acting Tindana of Bulugu. He believed certain constructional works that went on around the Bulugu Primary School were on his ancestral land and these were without his consent. He got to know that the developers had the 1st defendant as their grantor. Since the defendants were not ready to cease developments on the land he found himself with only one option, to sue. It is for this reason on the 25th of June 2015 he issued a writ of summons against the defendants claiming:

“1. A declaration of Court that Kolpeligu village lies to the East of Bulugu village and the boundary between Bulugu village and Kolpeligu village is the Kultiis Stream flow from Kultis village through to Agel River and also bounded to the South-East by a Dawadawa tree, a Kapok tree, an Ebony tree, a Shea nut tree and a Blackberry tree and the Missiga-Kulungungu road.

2. A d…

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