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NII AYEH BOTCHWAY
V.
ASANA MOHAMMED & 3 ORS

(2020) JELR 112297 (CA)

Court of Appeal 19 Nov 2020 Ghana
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- This case involves an appeal by the Plaintiff against a judgment of the High Court, Accra. - The Plaintiff sought a declaration of title to a piece of land, an order for the removal of the Defendants' structures from the land, recovery of

Case Details

Suit Number:H1/22/2019
Judges:SENYO DZAMEFE J. A. (PRESIDING) L. L. MENSAH J.A. ERIC K. BAFFOUR J.A.
Location:Accra

JUDGMENT

BAFFOUR J.A.

This is an appeal by the Plaintiff/Appellant against the judgment of the High Court, Accra delivered on the 27th of January, 2017. The trial court dismissed all the reliefs of the Plaintiff and upheld the counter claim of the Defendants. The parties would be referred to by their original designations at the trial court. Plaintiff, claiming to be the administrator of the estate of his late father, Fred Boafo Botchway, sought the following reliefs:

  1. Declaration of title to all that piece or parcel of land described in the schedule attached to the statement of claim.

  2. An order directed at the Defendants to remove their kiosks and containers from Plaintiff’s land. 

  3. Recovery of possession.

  4. Damages.

The brief facts as related by the Plaintiff in his statement of claim was that his father, who died in 1955 was the owner of a parcel of land at Kotobabi. He described the dimensions of the land in paragraph 10 of the statement of claim. He claims that his late father became the own…

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