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KOFI
V.
KUMANSAH

(1984) JELR 69312 (CA)

Court of Appeal 7 Nov 1984 Ghana
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- The appellant sued the respondent in the District Court Grade II, Shama, over a piece of land in Shama. - The trial district court ruled in favor of the appellant, but the High Court reversed the judgment and ruled in favor of the respond

Case Details

Judges:FRANCOIS JA,COUSSEY JA,ABBAN J.A.
Counsel:E.B. GAISIE FOR THE APPELLANT; KWESI EPTON FOR THE RESPONDENT.

ABBAN J.A.: The appellant sued the respondent in the District Court Grade II, Shama in respect of a piece of land situated and lying at Shama. The trial district court after the hearing entered judgment for the appellant. On appeal to the High Court, Sekondi by the respondent, the said judgment was reversed and judgment was entered for the respondent. It is against the judgment of the High Court that the appellant has appealed.

The appellant’s case was that he gave the land to one Afadu for farming purposes when the land was an outskirts land. Afadu cultivated coconut and plantain farms on it. Later when the town of Shama began to develop, the land became an urban land, and it became useful for building purposes only. The appellant said he therefore sold portions of the land as building plots to about five purchasers, one of whom was Egya Kobena Onyewhee. The latter went on to the land and started to construct a house thereon. But the respondent prevented him from so doing. Egya Onyew…

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