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NANA ADWOA MANKRADO
V.
ANTHONY OSEI MENSAH

(2023) JELR 112148 (HC)

High Court 17 Apr 2023 Ghana
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- On appeal, the High Court reversed the District Court, holding that the plaintiff’s claim for recovery of land was barred by limitation under section 10 of the Limitation Act, 1972 (NRCD 54), as the defendant had been in open, adverse pos

Case Details

Suit Number:E11/21/22
Judges:DR. RICHMOND OSEI-HWERE, J
Counsel:GEORGE ACQUAYE ESQ FOR PHILIP YOUNG ESQ FOR THE PLAINTIFF/ RESPONDENT J.E.K. ASEMPAH ESQ FOR THE DEFENDANT/ APPELLANT
Location:Sekondi

JUDGMENT

This is an appeal from the judgment of the District Court, Shama dated 15 November 2021. The Plaintiff/Respondent (hereinafter called the “Plaintiff”), instituted an action before the District Court Shama on 11 December 2018, against the Defendant/Appellant (hereinafter called the “Defendant”) for the following reliefs:

1. Recovery of possession and title to one plot of land and situate at Upper Inchaban sharing boundary with Sekondi-Inchaban Road on the right hand side and other adjourning plots.

2. General Damages for trespass.

3. Interlocutory injunction restraining Defendant, his agent, assigns, workmen, servants, etc. from having anything to do on the said land until final determination of the suit.

4.  Costs therein.

Plaintiff by her pleadings avers that she is the Chief of Upper Inchaban within the Shama Traditional Area and also the Benkumhene of Shama Traditional Area. That the whole of Upper Inchaban lands are stools lands and the Upper Inchaban Stool are the allodial o…

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