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THE REPUBLIC
V.
SAMMY ODARTEY LAMPTEY & ANOR EX PARTE ALEX QUARTEY

(2014) JELR 64548 (CA)

Court of Appeal 17 Jul 2014 Ghana
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- Plaintiff (Mr Sammy) sought declaratory relief of title to land, damages for trespass, recovery of possession, and a perpetual injunction against the defendant (Alex Quartey), and was granted judgment in all respects at the trial court. -

Case Details

Suit Number:CIVIL APPEAL NO. H1/100/2013
Judges:S.E. KANYOKE J. A. (PRESIDING), FRANCIS KORBIEH J. A., MARGARET WELBOURNE (MRS.) J. A.
Counsel:NASHIRU YUSSIF FOR 1ST RESPONDENT/APPELLANT,A. G. BOADU FOR APPLICANT/RESPONDENT

MARGARET WELBOURNE (MRS) J. A.

FACTS

In the case entitled Alex Quartey v. Mr Sammy CBL 33/2001, Mr Sammy the 1st Respondent/Applicant claimed against Alex Quartey – the Applicant/Respondent the following reliefs:

a) A declaration that plaintiff is the owner of the land described in the schedule attached to the statement of claim.

b) Damages for trespass.

c) Perpetual injunction restraining the defendant his agents, servant and assigns from interfering with plaintiff’s land.

d) Recovery of possession.

The trial judge gave judgment in respect of all the reliefs as claimed.

The Trespass complained of, was in the area where the 1st Respondent/Applicant erected his kiosk. The judgment was executed by the deputy sheriff and his staff.

The Applicant/Respondent (hereafter referred to as the Respondent) on 5th March, 2010, filed an application for committal for contempt against the Respondent herein who are husband and wife respectively as having forcibly re-entered and erected structures on the land i…

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