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KWABENA ECHIE AND OTHER
V.
AMA DONKOR

(2010) JELR 67352 (CA)

Court of Appeal 30 Apr 2010 Ghana
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- The Appellants sued the Defendant in the High Court, claiming title to a specific plot of land, damages for trespass, and a perpetual injunction. - The Appellants argued that the land in question was ancestral property and had been in the

Case Details

Suit Number:CIVIL APPEAL NO. H1/7/2010
Judges:MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.

JUDGMENT BY COURT:

The Appellants were the plaintiffs in the Court below. On the 13/11/2003, they jointly sued the Defendant in the High Court, Mampong-Ashanti, claiming the following reliefs:

(1) A declaration of title to Plot No. 8, Block A situate, lying and being at a place commonly known as and called Tadieso or Tataforoso on Mampong stool land and bounded by Plots Nos. 4,12 and 7 which they claimed to be the ancestral property of the 2nd Plaintiff;

(2) Damages for trespass; and

(3) Perpetual injunction restraining the defendant, her agents, assigns servants and workmen from entering unto the land.

The basis of the Plaintiffs’ claim. was that the land in question was the ancestral property of the 2nd Plaintiff who as head of family, had allocated portions of a larger tract of land to individuals for building purposes without any challenge form anyone; that the land in dispute had been in the possession of the 2nd Plaintiff’s immediate family who had always farmed on it and still does …

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