REV. BISHOP HAGAR FRIMPONG
V.
NANA FOASE GYAN AND ANOTHER

(2010) JELR 69868 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/19/2010 ·  26 Nov 2010 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING,F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.
Core Terms Beta
appellant
techimanhene
benjamin attah boateng
bottle of schnapps
okyeame taakora
chief of nkwaeso
cross-examination
respondents
trial court
learned trial judge
pieces of evidence
appellant’s case
building plots
trial judge
arbitration award
dwelling house
prior agreement
said benjamin attah boateng
weight of the evidence
acts of the respondents
appellate court
bottles of schnapps
cases of djin v
common statement of defence
conflicting evidence
disputed land
drink money
end of the trial
evidence of the appellant
factual issues
favour of the respondents
judicial decisions
legal implications
material time
nkwaeso land
only ground of appeal
order of perpetual injunction
ownership of the plots
plots of the plaintiff
present appeal
registry of the high court
respondent fails
sale of building plots
techiman stool land
testimony of a party
totality of the evidence
vacant stool lands
way of sale

F.G. KORBIEH, J.A.

On the 21/4/2005 the plaintiff/appellant (hereinafter only referred to as the appellant) filed a writ at the registry of the High Court, Sunyani, claiming against the defendants/respondents (hereinafter referred to simply as the respondents) three reliefs the second two of which she put together in one claim. The reliefs she sought were: (i) a declaration of title to and possession of two building plots situate at Nkwaeso on Techiman stool land and bounded by the properties of Osofo Mensah, Benjamin Attah Boateng and other plots of the plaintiff on the Techiman-Sunyani motor road; (ii) general damages for trespass and (iii) an order of perpetual injunction to restrain the defendants, their agents, assigns etc from dealing with the disputed land. The appellant’s case before the trial court was that in 2001 she acquired six building plots by way of sale from one Benjamin Attah Boateng and went into possession thereof; that the said Benjamin Attah Boateng executed a sta…

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