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MRS. ISSABELLA ODI AGGREY
V.
DANIEL FIANKO

(2011) JELR 64266 (CA)

Court of Appeal 21 Jul 2011 Ghana
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- The Court of Appeal held that a successful litigant in a land dispute who has obtained a declaration of title and perpetual injunction, but did not specifically plead recovery of possession, is not barred by res judicata or estoppel from

Case Details

Suit Number:CIVIL APPEAL SUIT NO: H1/214/2010
Judges:MARIAMA OWUSU J.A. (PRESIDING), ISAAC DUOSE J.A., C. J. HONYENUGA J.A.
Counsel:MR. SOLOMON COLLIINS ESHUN FOR PLAINTIFF/APPELLANT,COUNSEL FOR RESPONDENT ABSENT

MARIAMA OWUSU, J.A.

The issue for determination in this appeal is whether or not the Plaintiff/Appellant in this case who has been declared owner of the disputed land described in her writ of summons, an order of perpetual injunction restraining the Defendant, his agents, assigns, etc from interfering with the said parcel of land can institute a fresh action for recovery of possession of the said land. In order words, is the Plaintiff/Appellant estopped from instituting a fresh action for recovery of possession of the land in dispute.

The facts of this case are not in dispute.

The Plaintiff/Appellant (herein after referred to as Appellant) in Civil Appeal No. 54/5/08 dated 30-7-08 at the Supreme Court was declared owner of a land endorsed on her Writ of Summons. The claim was for:

a. “A declaration of title to all that piece of land situate lying and being at a place commonly called Amanfo in Mampong-Akwapim boarded on the North by the property of Mr. Emmanuel Obuobi on the South by the p…

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