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JOYCE YEBOAH
V.
CHARLES ASAMOAH

(2023) JELR 111607 (SC)

Supreme Court 1 Nov 2023 Ghana
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- This is an appeal against the decision of the Court of Appeal regarding the authority of the Lands Commission to grant a disputed land. - The plaintiff claimed title and possession of a building plot granted to her by the Lands Commission

Case Details

Suit Number:CIVIL APPEAL NO. J4/25/2021
Judges:LOVELACE-JOHNSON (MS.) JSC (PRESIDING) AMADU JSC KULENDI JSC ACKAH-YENSU (MS.) JSC KOOMSON JSC
Counsel:NANA OBIRI BOAHEN ESQ. FOR THE DEFENDANT/APPELLANT/APPELLANT WITH HIM ANITA ABENA ASANTE AND YASMINE MAAMAH. KWABENA ASARE ATUAH ESQ. FOR THE PLAINTIFF/RESPONDENT/RESPONDENT.

JUDGMENT

KOOMSON, JSC

INTRODUCTION and FACTS:

My Lords,

This is an appeal against the decision of the Court of Appeal dated 30th July, 2020.  The appeal centres on the authority of the Lands Commission to grant the land in dispute and turns on whether the land in dispute is a state land or vested land or stool land or family land.

The Plaintiff/Respondent/Respondent (hereinafter referred to as Plaintiff) commenced this action against the Defendant/Appellant/ Appellant (hereinafter referred at as Defendant) in the year 2009 in the High Court, Sunyani claiming the following reliefs:

a. Declaration of title and recovery of possession of all that Building Plot No. 96, Block “F”, Abesim Stool land granted to the Plaintiff by the Lands Commission Secretariat, Sunyani.

b. General Damages.

c.An order of perpetual injunction restraining the Defendant, his assigns, labourers, servants, relatives and all those who purport to derive title from the Defendants from in any manner dealing or interfering wi…

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