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DOMINIC MENSAH
V.
OSEI KWADWO AND OTHERS

(2011) JELR 64313 (CA)

Court of Appeal 25 Feb 2011 Ghana
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- The plaintiff's claim was dismissed by the Circuit Court and judgment was given in favor of the defendants. - The plaintiff appealed the decision to the Court of Appeal. - The grounds of appeal include errors made by the trial court in de

Case Details

Suit Number:H1/06/2011
Judges:MARIAMA OWUSU J.A. [PRESIDING], F.G. KORBIEH J.A., I.C. DANQUAH J.A.
Counsel:OBENG MANU ESQ. FOR PLAINTIFF/APPELLANT,ADU GYAMFI & ASSOCIATES FOR DEFENDANTS/RESPONDENTS

MARIAMA OWUSU J.A

On the 12-10-09, the Circuit Court, Obuasi dismissed the plaintiff’s claim and gave judgment for the defendants as follows;

“[a] A declaration that the land the subject matter of this suit, [PLOT NO. 13 E, BLOCK B, BEDIESO-OBUASI] forms part of the Akrokerri Stool Lands.

[b] A declaration that the land was granted to the Ghana Association of Garages, Zone Z Bidieso-Obuasi to which both the plaintiff and defendants are members.

[c] Perpetual Injunction restraining the plaintiff, his servants, agents etc from interfering with the use of the land in dispute.

I shall assess cost of GH¢300.00 in favor of the defendants against the plaintiff."

Dissatisfied with the decision of the court, the plaintiff appealed to this court.

The Grounds of Appeal are;

A] That the trial court erred when it held that the plot of land, the subject matter of the dispute was part of Akrokerri Stool Land.

B] The trial court erred when it held that the Akrokerri Stool could allocate and indeed validly all…

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