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EBENEZER ANTWI BAWUA
V.
KWABENA KYEREMEH AND CUDJOE KYEREMEH

(2016) JELR 67408 (CA)

Court of Appeal 19 Jul 2016 Ghana
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- The plaintiff sued the defendants for a declaration of title and recovery of possession of a plot of land that the 1st defendant sold to the plaintiff. - The 1st defendant counterclaimed for a declaration of title and recovery of possessi

Case Details

Suit Number:CIVIL APPEAL NO.H1/25/2016
Judges:E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA
Counsel:MR. TUAH YEBOAH FOR PLAINTIFF/APPELLANT ,MR. ALEXANDER AMPONSAH FOR DEFENDANTS/RESPONDENTS

JUDGMENT

AYEBI, JA

1. On 17th May 2012, the plaintiff/appellant (hereinafter referred to as plaintiff) sued the defendants who are a father and a son (hereinafter referred to as defendants) for:

(a) A declaration of title and recovery of possession of one of the three (3) plots on Plot No. 21A, South Industrial Estate, Block “F” Sector 7, Sunyani which the 1st defendant sold to the plaintiff which the 1st and 2nd defendants are now laying adverse claim to.

(b) An order to eject the 2nd defendant from the plot in dispute.

(c) An order of injunction to restrain the defendants, their agents, assigns etc. from laying adverse claim to the disputed plot or any part thereof.

2. By an amended statement of defence filed on 25th June 2012, the 1st defendant counterclaimed for:

(a) Declaration of title and recovery of possession of all the Industrial Plot No. 21 Block “F” South Industrial Area, Sunyani.

(b) Declaration that any purported sale of portion of the 1st defendant’s Industrial Plot No. 21 Bloc…

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