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EMMANUEL BOAKYE & ANOR
V.
KWABENA BOATENG & ANOR

(2024) JELR 112451 (CA)

Court of Appeal 15 Feb 2024 Ghana
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- The plaintiffs filed a lawsuit against the defendants seeking a declaration of title to a piece of land, special damages, general damages for trespass, and a perpetual injunction. - The trial judge decided that the suit could be determine

Case Details

Suit Number:CIVIL APPEAL NO. H1/44/2023
Judges:KWAMINA BAIDEN, JA GEORGINA MENSAH-DATSA (MRS.), JA ERIC BAAH, JA
Counsel:JUSTICE KYEI ESQ. LED BY FRANK PINTO AMARTEY ESQ. FOR THE PLAINTIFFS/APPELLANTS AKWASI AGYEMAN BADU ESQ. LED BY ATTA POKU ESQ, FOR THE DEFENDANTS/RESPONDENTS
Location:Kumasi

JUDGMENT

KWAMINA BAIDEN, JA.: In this appeal the parties will retain their designations in the court below. The Plaintiffs’ action instituted on 10th May 2017 against the Defendants was for the following reliefs:

  1. Declaration of title to all that piece and parcel of land known as Plots numbered 2 & 3, Block ‘J Pakyi No. 1, Kumasi.

  2. Special damages of GHc61,000.00 being the value of blocks, trips of sand and other material belonging to the Plaintiffs which items were unlawfully destroyed by the Defendants.

  3. General damages for Trespass.

  4. Perpetual Injunction restraining the Defendants, their agents, successors, assigns, service men, workmen, workmen and all persons claiming through them from building on, entering onto, going onto, and/or in any way dealing or interfering with the disputed land.

  5. Any other order(s) as the Honourable Court may deem fit, equitable and just.

Facts:

The parties in this suit filed their pleadings consisting of the Statement of Claim, Statement of Defence and a Reply. The…

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