F.K .A COMPANY LIMITED
V.
EFFAH SARKODIE

(2007) JELR 63595 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/181/2006 ·  16 Mar 2007 ·  Ghana
CORAM
FARKYE JA {PRESIDING},TWENEBOA-KODUA JA , KANYOKE JA
Core Terms Beta
respondent
appellant
evidence
weija stool
land
counsel
amanfro stool
appeal
grant
customary grant
weight of evidence
cross-examination
favour of the respondent
managing director
parcels of land
amended statement of claim
approximate area
asafoatse a. ayittey dw3
background of the dispute
cash payment
chief of weija
cold water
demarcating boundaries of its acquisition
different times
enjoyment of the land
estate development company
firm boundaries of the land
grant of amanfro land
high court
importance of the purchase price
important part of the appellant
nii kojo okai
north east
north west
notice of further grounds
open space
perfection of the said grant
possession of the land
reverse gear
said intimidating price
sale contract
south east
stool witnesses
ten-plot tract
victorious respondent
witnesses nii tetteyfio

JUDGMENT

TWENEBOA-KODUA, JA

The plaintiff, as respondent herein, obtained judgment in the High court, Accra on 27 July 2005 against the defendant {as the appellant herein}, for reliefs as follows:

"(a) Declaration of title to the land in dispute.

(b) Recovery of possession.

(c) Perpetual injunction against the defendant, his heirs, agents, privies etc., restraining them from interfering with the plaintiff’s right use and enjoyment of the land.

(d) Special damages of ¢65 million against the defendant for unlawfully demolishing structures on the plaintiff's land.

(e) ¢20 million general damages against the defendant for his trespass unto the plaintiff's land."

Additionally the victorious respondent was awarded ¢20 million costs against the appellant.

The appellant being dissatisfied with the judgment has appealed to this court on two grounds, closely related, and has given a notice of further grounds to be filed that have never come. The two kindred grounds are: "(1) The judgment is against the …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login