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FRANCIS KWABENA BOTA & 2 ORS
V.
THE ATTORNEY GENERAL & ANOR

(2025) JELR 114508 (CA)

Court of Appeal 29 May 2025 Ghana
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- Plaintiffs sought declaratory and injunctive reliefs relating to ownership and possession of two classroom buildings, and challenged the competency of the Attorney General’s representation for the Atwima Nwabiagya North District Assembly

Case Details

Suit Number:H1/055/25
Judges:MENSAH-HOMIAH, JA (PRESIDING), BAAH, JA, ZWENNES, JA
Counsel:MICHEAL YAW OSEI FOR PLAINTIFF/APPELLANTS
Location:Kumasi

JUDGMENT

MENSAH-HOMIAH, JA

On 14 February 2024, the plaintiffs commenced an action at the High Court, Kumasi, jointly and severally against the defendants for the following reliefs:

a. An order compelling the defendants to pay to the plaintiffs the use of two separate classroom buildings at “Asuofua Cluster of Schools” in the Atwima Nwabiagya District upon a proper valuation conducted by a recognised valuer.

b. Declaration that the plaintiffs are the owners of two separate classroom buildings at Asuofua in the Atwima Nwabiagya District.

c. Recovery of possession of the property in dispute

d. An order of perpetual injunction.

e. Further orders.

The 1 defendant entered appearance by its counsel on 28 February 2024. And, on 7 March 2024, a State Attorney at the Office of the Attorney General, Kumasi, filed a joint statement of defence for both defendants. Upon service on Counsel for the plaintiff, he filed a Motion on Notice on 25 April 2024 for orders “striking out, setting aside, etc. the Appe…

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