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POKU
V.
FRIMPONG

(1972) JELR 69131 (CA)

Court of Appeal 19 Jul 1972 Ghana
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- The Court of Appeal dismissed the appeal, upholding the trial court’s finding that the plaintiff had established, on the balance of probabilities, the identity of the land as the subject of prior judgments, thus entitling him to relief un

Case Details

Judges:AZU CRABBE J.S.C.,LASSEY JA,ARCHER J.A.
Counsel:E. D. KOM (E. C. DJAMSON WITH HIM) FOR THE APPELLANT; NO APPEARANCE BY OR FOR THE RESPONDENT.
Other Citations:[1972] 1 GLR 230

AZU CRABBE J.S.C.

This is an appeal from the decision of Sampson Baidoo J. who gave judgment for the plaintiff in a case in which the claim against the defendant was for:

“(a) The sum of £G40 10s. being the value of fifteen loads of cocoa which the defendant has wrongfully and unlawfully plucked from cocoa trees on the plaintiff’s land situate at Sankori at a place commonly called Abonyiredesu bounded by the property of Kwabena Poku, and by forest reserve and by the properties of Kwasi Addai, Kwame Nsiah, Haruna and Kwaku Buor.
(b) An order of perpetual injunction restraining the defendant or his servants and agents and licensees from entering or in any way dealing or interfering with the plaintiff’s said land.”

In his statement of claim the plaintiff alleged that on 3 August 1960 he brought an action in the Brong-Ahafo South Local Court claiming against the present defendant possession of a forest land situate at Sankori at a place commonly called Abonyeredesu, the boundaries of which …

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