J.K. KPOGO
V.
F.K. FIADZORGBE
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…
