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OPANIN KWAKU ADUNA
V.
FRANCIS KOLA JOWAK ENTERPRISE LIMITED

(2025) JELR 114569 (SC)

Supreme Court 30 Jul 2025 Ghana
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- The Plaintiff (family head of Krotia Benkum Family, Sunyani) claimed title, possession, damages for trespass, and injunction over land at "Agyeiano" or "Akuokoso," alleging it was family land merely licensed to BARDEC (a state enterprise)

Case Details

Suit Number:CIVIL APPEAL NO. J4/9/2025
Judges:E. YONNY KULENDI P. BAFFOE-BONNIE I. O. TANKO AMADU, JSC E. Y. GAEWU, JSC H. KWOFIE, JSC
Counsel:DANIEL KORANG ESQ. FOR THE PLAINTIFF/RESPONDENT/APPELLANT. DORA OCQUAYE-NORTEY ESQ. FOR THE DEFENDANTS/APPELLANTS/RESPONDENTS.

JUDGMENT 

KULENDI JSC:- 

INTRODUCTION 

We have before us, an appeal against the judgment of the Court of Appeal which is dated 25th March, 2025 by their Lordships Georgina Mensah-Datsa (Mrs.), Alex Owusu Ofori and Kwamina Baiden JJA. 

BACKGROUND 

The Plaintiff/Respondent/Appellant (hereafter referred to as the Plaintiff), commenced an action in the High Court against the Defendants/Appellants/Respondents (hereafter referred to as the Defendants) for the following reliefs: 

1. “Declaration of title and recovery and possession of all that piece and parcel of land situate and lying at “Agyeiano” or “Akuokoso” on Sunyani Stool land which said land shares common boundary with the properties of Mmransa family, Abesim stool land, Domenase family and Agyei stream. 

2. General damages for trespass. 

3. An order of perpetual injunction restraining the defendant, his family members, assigns, agents, workmen, labourers etc from dealing with or claiming exclusively the disputed land in any manner or whats…

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