NII AFLAH II
V.
BENJAMIN KWAKU BOATENG

(2021) JELR 109115 (CA)    
Court of Appeal  ·  H1/155/2021 ·  16 Dec 2021 ·  Ghana
CORAM
JUSTICE SENYO DZAMEFE J. A. JUSTICE P. BRIGHT MENSAH J. A. JUSTICE JENNIFER A. DODOO (MRS) J. A.
Core Terms Beta
plaintiff
land
defendant
judgment
stella aso siaw
power of attorney
trial judge
appellate court
kwabena boateng
plaintiff’s vendor
weight of evidence
site plan
trial
disputed land
issue of capacity
plaintiff’s attorney
attorney’s witness statement
defendant’s case
kaneshie district court
nii aflah
north-west
plaintiff’s claim
said judgment
amended statement of defence
attached plan
case of samuel kwasi ntiri
control of the land
court order
defendant’s action
defendant’s defence
following grounds of appeal
following issues
following particulars of fraud
instant appeal
kaneshie court
land development
part of a deed of gift
plaintiff’s case
plaintiff’s title documents
pragmatic measures
said land
said property
support of their case
time judgment
time suit
types of estoppel

JUDGMENT

DODOO, JA (MRS)

The reliefs endorsed on the writ issued on 12th July, 2013 (See p. 2 of the Record of Appeal {ROA}) were as follows:

(a) Declaration of Title to land lying or being at Odorkor at Teiko Adam near Tsum, Odorkor with an approximate area of 0.29 acre with a house thereon and more particularly described on Plaintiff’s title documents.

(b) Perpetual Injunction restraining the defendant herein, whether by himself, agents, assigns, representatives, hirelings or whosoever from entering into, trespassing or intermeddling with the said property.

The parties would be referred to as the Plaintiff and Defendant respectively.

The Plaintiff’s Claim

The Plaintiff’s claim was to the effect that he had obtained a conveyance from his grantor, Stella Aso Siaw in 1989. He had since put up a structure on the land. His caretaker was evicted in 2013 by the Defendant who had obtained judgment at the Kaneshie District Court. According to him, his caretaker had travelled at the time suit was in…

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