OSEI YEBOAH
V.
OSEI KARIKARI

(2023) JELR 111232 (SC)

Supreme Court 26 Jul 2023 Ghana
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- The Court of Appeal allowed the appeal of the Plaintiff/Appellant/Respondent. - The Court of Appeal declared title against the defendants/respondents for the land claimed in the writ of summons. - The Court of Appeal awarded general damag

Case Details

Suit Number:J4/28/2020
Judges:OWUSU (MS.) JSC LOVELACE-JOHNSON (MS.) JSC PROF. MENSA-BONSU (MRS.) JSC ASEIDU JSC KOOMSON JSC
Counsel:FRANK G. DONKOR ESQ. FOR THE DEFENDANT/RESPONDENT/APPELLANT DENNIS-MICHAEL AYETTEY ESQ. FOR THE PLAINTIFF /APPELLANT /RESPONDENT
Location:Accra

JUDGEMENT

OWUSU JSC:-

On 26th November, 2018, the Court of Appeal, Koforidua allowed the appeal of the Plaintiff/Appellant/Respondent. In its judgment the Court of Appeal held among other things as follows:

“Having found that the trial judge erred in entering judgment for the defendants/respondents, we agree with the fifth ground of appeal that the judgment is against the weight of evidence led at the trial. We reverse the conclusions of the trial judge and rescind her order that the defendants/respondents recover the compensation paid to the plaintiff/appellant with interest.

Appeal succeeds.

We order a declaration of title against the defendants/ respondents for the land claimed in the writ of summons……

We award Gh₵5,000.00 general damages against the defendants/respondents for trespass.

We order perpetual injunction restraining the defendants/ respondents, their agents, workmen, servants or assigns from entering upon the said land

We award cost of Gh₵5,000.00 against the defendants/ respon…

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