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EBUSUAPANYIN KWEKU ASEMA
V.
NANA AKWA III & ORS.

(2021) JELR 109677 (SC)

Supreme Court 21 Jul 2021 Ghana
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- This case involves two consolidated suits in which the plaintiff/appellant/respondent (referred to as the "respondent") took legal action against the defendant/respondent/appellant (referred to as the "appellant") for various reliefs, inc

Case Details

Suit Number:J4/21/2021
Judges:APPAU, JSC (PRESIDING) DORDZIE (MRS.), JSC PROF. KOTEY, JSC AMADU, JSC PROF. MENSA-BONSU (MRS.), JSC
Counsel:KWEKU PAINSTIL ESQ. FOR THE PLAINTIFF/APPELLANT/RESPONDENT. OSEI-WUSU ANTWI ESQ. FOR THE DEFENDANT/RESPONDENT/APPELLANT
Other Citations:EBUSUAPANYIN KWEKU ASEMA ……. PLAINTIFF/APPELLANT/RESPONDENT (SUBSTITUTED FOR EBUSUAPANYIN KWEKU EDUAFO (DECEASED) VRS NANA AKWA III ……. DEFENDANT/RESPONDENT/APPELLANT AND EBUSUAPANYIN KWEKU ASEM .…… PLAINTIFF/APPELLANT/RESPONDENT (SUBSTITUTED FOR EBUSUAPANYIN KWAKU EDUAFO (DECEASED) VRS NANA AKWA III …….. DEFENDANT/RESPONDENT/APPELLANT

AMADU JSC

(1) This appeal is from the decision of the Court of Appeal (Cape Coast Division) dated  13th May 2015 which affirmed in part the decision of the High Court (Cape Coast)  dated 9th June 2008.

(2) The background facts giving rise to this appeal are the result of two Consolidated  Suits No.LS7/94 and No.LS8/94 in which the Plaintiff/Appellant/Respondent  (hereinafter referred to as ‘Respondent’) had taken out writs in the High Court,  Cape Coast against the Defendant/Respondent/Appellant (hereinafter referred to  as the ‘Appellant’) for the following respective reliefs:- 

“(i) Declaration of Title to all that piece or parcel of land called  Pomponu which said piece or parcel is bounded by the properties  of Nana Akwa, Nana Ampong and Ekumfi Swedru. 

(ii) Recovery of possession. 

(iii) General damages for trespass to Plaintiff’s family. 

(iv) Perpetual injunction restraining the Defendants, his agents,  servants and/or workmen from having anything to do with the  said land”

and 

“(a) …

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