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IN THE MATTER OF AMA GYAMFUAH
V.
PINAMANG GENFI AND IN THE MATTER OF THE REPUBLIC
V.
THE DISTRICT MAGISTRATE COURT, KUMASI EXPARTE PINAMANG GENFI

(2018) JELR 65813 (CA)

Court of Appeal 28 Nov 2018 Ghana
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- Plaintiff commenced an action in the District Court, Kumasi seeking declaration of title and recovery of possession of land against the defendant, resulting in judgment for the plaintiff on 17 February 2012. - Defendant, alleging breach o

Case Details

Suit Number:SUIT NO. H1/30/2018
Judges:MARIAMA OWUSU J.A (PRESIDING), HENRY A. KWOFIE J.A, AMMA GAISIE J.A

HENRY KWOFIE J.A: This is an appeal against the judgment of the High Court, Kumasi dated the 7th of December 2012. The judgment the subject of the appeal followed an application by the defendant/applicant/appellant Pinamang Genfi for Judicial Review in the nature of certiorari to quash the judgment of the District Magistrate Court, Kumasi. The High Court dismissed the application.

The facts of the case culminating in this appeal are that the plaintiff/interested party issued a writ of summons against the defendant/applicant/appellant at the District Court, Kumasi for the following reliefs:

i) an order for a declaration of title and recovery of possession of all that piece and parcel of land situate at a place commonly called SUAME-KUMASI Plot No. 18 Block A “Site S and sharing boundaries with Nurom Hotel which the defendant has presently trespassed unto.

ii) An order for ejection of defendant from the said parcel of land forthwith.

Judgment was given on the 17th February 2012 in favour of…

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