J.K. KPOGO
V.
F.K. FIADZORGBE

(2015) JELR 65428 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/9/2012 ·  6 May 2015 ·  Ghana
CORAM
DOTSE JSC (PRESIDING), YEBOAH JSC, BONNIE JSC, BAMFO (MRS) JSC, AKAMBA JSC
Core Terms Beta
appellant
court
defendant
court of appeal
ln 140a
high court
trial court
appeal
grounds of appeal
civil procedure
disputed land
instant case
record of proceedings
additional grounds
court of appeal rules
decision of the court of appeal
following words
judge ought
notice of amendment
notice of appeal
orders of the court
point of law
appellant case
appellate courts
brief facts
case of apeah
conclusions of the trial judge
consideration of allegation of failure
decision of the high court
defendants case
fact of arbitration
following grounds
following relief
full trial
ground of appeal fails
justice of the case
learned judge
number of reliefs
portions of the said plot
purported amended writ of summons
respondent’s initial reliefs
said land
see judgment page
specific performance
supreme court decision
tema high court
v asamoah
weight of evidence

JUDGEMENT

AKAMBA, JSC:

This appeal was filed on 23rd July 2001 against the decision of the Court of Appeal pronounced on 19th July 2001 affirming the entire judgment and orders of the court below.

The defendant /appellant/appellant (hereafter simply appellant) who is aggrieved by the decision has appealed to this court seeking an overturn of the decision.

BRIEF FACTS

The plaintiff/respondent/respondent (hereafter simply the respondent) issued a writ of summons at the Tema High Court claiming against the appellant a number of reliefs.

The respondent’s initial reliefs as per his writ were as follows:

(i) Declaration of title to Plot No W/3/394, Ashiaman New Town

(ii) Injunction to restrain the (defendant) appellant herein from ‘unauthorized construction’ on portions of the said plot.

However on 17th May 1994, the respondent filed a notice of amendment seeking to add the following further reliefs:

(iii) Damages for amount of Ȼ1.5 million (old cedis) for 3 fruit yielding coconuts deliberately felle…

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