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MORGAN KWAME OPOKU
V.
AKOSUA OSAA

(2019) JELR 69540 (CA)

Court of Appeal 21 Mar 2019 Ghana
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- The Plaintiff/Appellant, Morgan Kwame Opoku, initiated an action at the High Court, Accra for a declaration of title to a piece of land at Onyinase, recovery of possession, damages and perpetual injunction. The suit was originally against

Case Details

Suit Number:CIVILAPPEAL NO. H1/214/2018
Judges:HONYENUGA J.A. (PRESIDING), SOWAH J.A., GAISIE J.A.
Counsel:KWASI ADU MANTEY FOR PLAINTIFF/APPELLANT,MR. ANTHONY K. DABI FOR DEFENDANT/RESPONDENT

JUDGMENT

SOWAH, J.A.

Introduction

The Plaintiff/Appellant commenced an action at the High Court, Accra for a declaration of title to a piece or parcel of land at Onyinase opposite the Odogono Senior High School, recovery of possession, damages and perpetual injunction. The suit was originally commenced by the plaintiff/appellant against just the 1st Defendant/Respondent. However subsequently, one Augustina Akyea was joined as second defendant. However, after the trial court dismissed her counterclaim and decided in favour of the 1st defendant/respondent, the second defendant did not join the appeal. Hereafter the plaintiff/appellant and the 1st defendant/respondent will be referred to respectively as ‘the appellant’ and ‘the respondent’.

Background Facts

The Appellant, Morgan Kwame Opoku acquired a piece of land in 2005 through an assignment made to him by one Dauda Larbi (herein after called the Grantor). An indenture exhibit C, indicates that the grantor’s interest in the land which was …

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