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COMFORT ABRAFI BROBBEY
V.
OBAAPA AGYENIM BOATEMAAH

(2024) JELR 112446 (CA)

Court of Appeal 18 Apr 2024 Ghana
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Case Details

Suit Number:CIVIL APPEAL NO. H1/124/2023
Judges:G.S. SUURBAAREH, JA SAMUEL O. DIAWUO, JA CHARLES EDWARD EKOW BAIDEN, JA
Counsel:BISMARK NSIAH ABOAGYE FOR PLAINTIFF/APPELLANT EVANS OPPONG ADOMA FOR DEFENDANT/RESPONDENT
Location:Kumasi

JUDGMENT

SUURBAAREH, JA: This is an appeal against the judgment of the Circuit Court, Adum Kumasi, dated 26 October, 2021. The trial court in its judgment dismissed the Plaintiff/Appellant’s claim, whilst granting the reliefs in the counterclaim of the Defendant/Respondent.

The parties from hence, shall be referred to as Appellant and Respondent. The Appellant in her writ of summons, had sought against the Respondent the following reliefs:

1.  Declaration of Title and Recovery of Possession of Plot No. 3, 2nd Close Nyankerenease, Kumasi.

2.. Damages for trespass.

3. Perpetual injunction restraining the Defendant, her assigns, agents, servants, workmen etc. from in any way entering upon, remaining in, interfering or in any way dealing with the plot in dispute”.

In support of the above reliefs, the Appellant pleaded facts showing how, whilst in Germany, she sent money through her mother, to acquire the disputed plot for her from the Dadiesoaba Brenyim Stool in 1993. Her pleadings show that s…

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