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F.K .A COMPANY LIMITED
V.
EFFAH SARKODIE

(2007) JELR 63595 (CA)

Court of Appeal 16 Mar 2007 Ghana
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- The plaintiff obtained a judgment in the High Court against the defendant for various reliefs, including a declaration of title to the land in dispute, recovery of possession, and damages. - The defendant appealed the judgment on the grou

Case Details

Suit Number:CIVIL APPEAL NO. H1/181/2006
Judges:FARKYE JA {PRESIDING},TWENEBOA-KODUA JA , KANYOKE JA
Counsel:FAUSTEL COFIE FOR THE PLAINTIFF/RESPONDENT,MR. PETER M. BOAFO FOR THE DEFENDANT/APPELLANT

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 …

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