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NII ASHITEY TETTEH
V.
ATTA AYITEY

(2016) JELR 108525 (HC)

High Court 4 Nov 2016 Ghana
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- Plaintiff established title to the disputed family land by positive evidence, resulting in declaration of title, perpetual injunction, recovery of possession, and nominal damages for trespass (GH¢10,000) against the defendants who failed

Case Details

Suit Number:FAL/557/15
Judges:JUSTICE KWABENA ASUMAN-ADU
Counsel:Ms. Theresa Abena Boadu holding the brief Mr. A. G. Boadu’s brief for the plaintiff No appearance for the defendants

J U D G M E N T 

Plaintiff commenced the instant action by issuing writ of summons and  statement of claim against defendants on 13th May, 2015 for the  following reliefs: 

(1) Plaintiff claims against the defendants jointly and severally a  declaration that the defendants have trespassed on plaintiff’s  family land described in the schedule attached to the statement of  claim. 

(2) Perpetual injunction restraining defendants, their agents, servants  and assigns from interfering with plaintiff’s land. 

(3) Damages for trespass. 

(4) Recovery of possession. 

The defendants were accordingly served with the writ of summons and  statement of claim on 15th May, 2015 and 15th February, 2016  respectively but they failed to enter appearance so the plaintiff filed  motion on notice for interlocutory judgment in default of defence against  the defendants. The said motion was served on both defendants on 19th  May, 2016 but they neither entered appearance nor file a defence. They  also did not file…

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