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DANKWA
V.
AMARTEY AND ANOTHER

(1994) JELR 65123 (CA)

Court of Appeal 30 Mar 1994 Ghana
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- The defendant-appellant-applicant sought a stay of execution of a judgment given by the High Court, Accra in favor of the 2nd plaintiff-respondent-respondent. The judgment ordered the defendant to give up possession of a building he erect

Case Details

Judges:OFORI-BOATENG JA, ADJABENG JA, LUTTERODT JA
Other Citations:[1994 - 95] 2 GBR 848 – 851 C A

ADJABENG JA

In this application, the defendant-appellant-applicant prays this court to order the stay of the execution of the judgment given by the High Court, Accra in favour of the 2nd plaintiff-respondent-respondent pending the determination of an appeal lodged against the said judgment by the applicant herein.

The judgment in question, which was delivered on 11 May 1993, ordered as follows:

“I order that the defendant was reckless in erecting the building in question and ought to give up possession to the plaintiff. I grant the plaintiff damages of ¢50,000 for trespass on his land by the defendant for putting up the building on his land. I grant perpetual injunction against the defendant, and award the plaintiff costs of ¢100,000.”

Dissatisfied with this judgment, the defendant-applicant appealed to this court. Among the grounds of appeal filed on behalf of the defendant-applicant are the following:

“(b) The learned trial judge erred in law by ignoring the defendant-appellant’s title …

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