HENRY NIMAKO-BREMPONG
V.
JOYCE B. AKADZA & ANOR

(2003) JELR 63499 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO.: 8/2002 ·  30 Jan 2003 ·  Ghana
CORAM
ANSAH JA. (PRESIDING), ANINAKWAH JA., TWENEBOAH-KODUAH JA
Core Terms Beta
court
plaintiff
access road
evidence
case
first defendant
trial judge
trial
building permit
fence wall
ground of appeal
weight of evidence
appellate court
building operation
cross-examination
documentary evidence
general damages
high court
trial court
2nd defendant
acquisition of building permit
action of the first defendant
additional grounds
center of the dispute
central issue
civil procedure
evidence of pw1
high court procedure rules
layout plan of the area
learned trial judge
omnibus ground
oral evidence
part of the access road
part of the perimeter wall
peculiar circumstances of this case
planning scheme
possession of her land
proper findings of fact
proper findings of facts
quo inspection
right thing
rules l977
said access lane
see order
similar situation
such good title
such places
wrong procedure

ANSAH, J.A.

The plaintiff endorsed his writ with claims for:

1) "An order that the part of the perimeter wall around 1st Defendant's house at Nungua-Buade in Accra straddles or is built on the space demarcated as part (western) part of the access road lying and being between the first defendant's said house and that move freely to and from his (plaintiff's) said house.

2) General damages".

The parties are adjoining landowners and the case for the plaintiff was that the space between their houses was demarcated for an access road by the authorities. The first defendant built and extended her fence wall onto the access road so much that it was only about a meter away from the house of the plaintiff. As a result vehicular movement to and from the plaintiffs' house through the access road became impossible. The plaintiff said he made a report to the 2nd defendant who confirmed that the first defendant wrongfully erected her wall at where she did and marked it for removal. The first defendant …

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