KWAKU SARPONG
V.
DANSO AND ALAYEA

(2010) JELR 65485 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/97/2010 ·  24 Jun 2010 ·  Ghana
CORAM
AKAMBA J.A. (PRESIDING), KUSI-APPIAH J.A., V. OFOE J.A.
Core Terms Beta
defendants
land
plaintiff
weight of evidence
counsel
trial judge
frontage of the plaintiff
ground of appeal
judgment of the circuit court
right of way
trial court
assignor’s land
disputed land
grounds of appeal
learned judge
learned trial judge
statement of claim
abeka lapaz motorway
appellate court
approximate area
assignor land
circuit court
cross-examination
defendants’ structures
different words
dwelling place
full trial
geodetic engineer of the ghana highway authority
gravamen of the defendants defence
greater accra region
instant appeal
inter alia
issue of compensation
late theophilus stephen okunor
main road
mr. anthonio worthy of any consideration
mr. felix ferguson kofi atsrim
mr. sam wood
order of mandatory injunction
part of the plaintiff grantor
plaintiff’s case
plaintiff’s instant action
possession of the remaining piece of land
relevant rules of the court
said land
said plot of land
unauthorized structures
usual omnibus ground of appeal

KUSI-APPIAH, J.A.: By his writ of summons in the Circuit Court, Accra, the plaintiff/respondent (hereinafter called the Plaintiff) sued the defendants/appellants (hereinafter simply called the Defendants) claiming the following reliefs:

“(1) Declaration of title to the land describe (sic) in paragraphs 3 of his statement of claim.

(2) Declaration that the Defendants are squatters.

(3) An order ejecting the Defendants from the frontage of the Plaintiff’s land and the motorway.

(4) Injunction restraining the Defendants, agents, workmen, assigns howsoever from dealing with the land at the frontage of the plaintiff’s land pending final determination of the suit.

(5) Costs.”

The facts relied on by the parties to establish their respective claims were not complicated. The plaintiff’s case per his statement of claim was that by a Deed of Assignment dated 18th October, 2001 bearing L.V.B. No. 4297/04 and AR/21319/2001 between Herman Adjei Annang the assignor and he (Kweku Sarpong) the assignee, t…

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