KOFI ANTWI
V.
KWABENA ATTA

(2009) JELR 65450 (CA)

Court of Appeal · SUIT NO. H1/22/2008 · 24 Apr 2009 · Ghana

CORAM

E.S. KANYOKE J.A. [PRESIDING],MARIAMA OWUSU J.A ,ISAAC DUOSE J.A.

Core Terms ^Beta

respondent

appellant

court

case

disputed land

counsel

trial judge

appeal

declaration of title

grounds of appeal

statement of defence

subject matter of this suit

weight of evidence

agogoho land

court of appeal rules

cross examination

defendant’s royal family

piece of land

plaintiff’s claim

allodial title owner

appellant’s own witness

appellate court

case of the appellant

common boundaries

corroborated version

decision of the circuit court

defendant’s royal stool land

end of the trial judgment

enjoyment of the land

family members

following reliefs

further grounds

good reason

individual person

land shares

leave of the court

notice of appeal

own decision

present occupant of the stool

pw3 nana adum atta

receipt of the record of proceedings

respondent’s case

said judgment

statement of case

support of a ground of objection

supreme court

trial of this suit

x x x x of defendant

JUDGMENT

MARIAMA OWUSU, J.A.:-

By his writ of summons, the Plaintiff/Respondent claimed the following Reliefs;

[i] Declaration of Title to all that piece of land situate and lying at a place called Nkwantanan-Bogyawe in the Bekwai District and bounded by the properties of Kwadwo Fordjour [deceased] Kwabena Baako alias Addai and Adokwae village.

[ii] Perpetual Injunction to restrain the defendant and or his agents, assigns, laborers etc from interfering with his possession and quite enjoyment of the land and

[iii] Damages for trespass.

In his amended Statement of Defence filed on the 16-6-04, the defendant denied plaintiff’s claim and averred that, the disputed land forms part of the Asona Royal Stool land. The defendant averred further that, plaintiff and his family members also owned a piece of land which they farm with the authority and consent from the present occupant of the stool, Oheneba Barimah Adu Asabre Poku and the land shares common boundaries with the Defendant’s Royal Stool lan…

KOFI ANTWI V. KWABENA ATTA

KOFI ANTWI
V.
KWABENA ATTA