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…

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