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GARR & ANOR
V.
F. K. A. COMPANY LIMITED

(2024) JELR 113249 (CA)

Court of Appeal 19 Dec 2024 Ghana
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- Appeal against the grant of a writ of possession was dismissed, as appellants, having appealed the underlying judgment and failed to obtain a stay, could not simultaneously seek to benefit from its conditional terms (i.e., paying compensa

Case Details

Suit Number:H1/140/2022
Judges:ADJEI, J.A. (PRESIDING) BARTELS-KODWO J.A. ASARE-BOTWE, J.A.
Counsel:Hilary Buntugu for Appellant. Irene Maria Allotey-Anan for Respondent.
Location:Accra

BARTELS-KODWO JA

INTRODUCTION

This is an appeal against the ruling of the High Court granting an application for leave to issue Writ of Possession in favour of the Plaintiff/Respondent against the Defendants/Appellants. In this Judgment the parties will be referred to as the Appellant and the Respondent. 

FACTS OF THE CASE

The Plaintiff/Respondent issued a Writ of summons and Statement of Claim against one Kofi Siaw deceased as 1st Defendant and Felices Garr (Pastor and founder of the Encounter Chapel as 2nd Defendant.   On the death of Kofi Siaw, the 2nd Defendant was joined to the suit as trustees of the Church. The necessary amendments were then carried out to reflect the changes.  By the amended writ of summons filed on 18th May, 2018, Plaintiff prayed the court for the following reliefs:

a. A declaration that the activities of the Defendants on the land in dispute amounts to trespass.

b. Damages for trespass

c. Order for the recovery of possession and further order that any offending st…

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