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NARTEY
V.
MECHANICAL LLOYD ASSEMBLY PLANT LIMITED

(1988) JELR 66525 (SC)

Supreme Court 19 May 1988 Ghana
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1. The case is an appeal from a judgment by the Court of Appeal, which reversed a High Court judgment, concerning a land dispute in Frafraha. The plaintiff claimed title to the land, damages for trespass, recovery of possession, and an inju

Case Details

Judges:ADADE JSC, TAYLOR JSC, FRANCOIS JSC, WUAKU JSC, AMUA-SEKYI JSC
Counsel:KWAMI TETTEH FOR THE APPELLANT; NII ODOI ANNAN FOR THE RESPONDENTS.

ADADE J.S.C.

This is an appeal from the judgment of the Court of Appeal (Edusei, Edward Wiredu and Osei-Hwere JJ.A.) dated 31 July 1985: see Mechanical Lloyd Assembly Plant Ltd. v. Nartey [1984-86] 1 G.L.R. 412, CA wherein their lordships reversed a judgment by the High Court, Accra (Hayfron J.) dated 16 October 1984.

In the action the plaintiff claimed:

(a) a declaration of title to a piece of land at Frafraha (at times described as Fafraha) covering a total area of 9.12 acres;
(b) ¢250,000 damages for trespass;
(c) Recovery of possession of the said land; and
(d) An injunction to restrain the defendants, their servants or agents or both from entering upon the said land.

In 1976 the plaintiff-appellant (hereafter referred to simply as the plaintiff) acquired a piece of farm land at Frafraha measuring 9.12 acres. The land was demarcated for him, on the instructions of the Frafraha Mantse, Nii Okpoti, by the family’s surveyor and Nii Okpoti’s son. The elders who had been informed and were to …

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