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OLIVIA ANIM (SUING PER HER LAWFUL ATTORNEY DIANA MENSAH BONSU)
V.
WILLIAM DZANDZI

(2019) JELR 66521 (SC)

Supreme Court 6 Jun 2019 Ghana
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- Supreme Court affirmed the Court of Appeal’s decision granting Plaintiff declaration of title, recovery of possession, damages for trespass, and perpetual injunction, holding Plaintiff’s earlier interest (acquired in 1989) prevailed over

Case Details

Suit Number:CIVIL APPEAL NO. J4/10/2018
Judges:DOTSE JSC (PRESIDING), YEBOAH JSC, APPAU JSC, PWAMANG JSC, MARFUL-SAU JSC
Counsel:EMMANUEL DWAMENA ASARE FOR THE DEFENDANT/RESPONDENT /APPELLANT,MARTIN L. KPEBU FOR THE PLAINTIFF/APPELLANT/RESPONDENT

JUDGMENT

DOTSE, JSC:

This is an appeal from the judgment of the Court of Appeal (Coram: P. K Gyaesayor, K.A. Acquaye, S. Dzamefe) dated 12th March, 2015 where the court reversed the decision of the High court presided over by His Lordship Anthony Oppong J.

FACTS

The brief facts of the case are that, the Plaintiff/Appellant/ Respondent hereafter referred to as Plaintiff initiated an action per her lawful Attorney against the Defendant/Respondent/Appellant, hereafter, Defendant in the High Court, Accra on 20th October, 2010 for the following reliefs:

a) Declaration of title to the disputed land

b) Perpetual injunction restraining the Defendant from dealing in any way with the land including further development of the land

c) Recovery of possession

d) An order to demolish Defendant’s structure on the land and surcharging Defendant with the cost

e) Damages for trespass

f) Cost

g) Any other order or orders this Honorable court may deem fit

THE PLAINTIFF’S CASE

It is the case of the Plaintiff that she a…

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