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 …

F.K .A COMPANY LIMITED V. EFFAH SARKODIE

F.K .A COMPANY LIMITED
V.
EFFAH SARKODIE