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REV. STEPHEN K. O. CHEMEL
V.
KWEKU SARFO

(2018) JELR 108695 (HC)

High Court 10 Dec 2018 Ghana
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- This is an appeal from a ruling of the Amasaman Magistrate Court. - The plaintiff sued the defendant for declaration of title and recovery of possession. - The court held that neither party proved title, but awarded damages to the plainti

Case Details

Suit Number:SUIT NO. APL/3/14
Judges:K. A. GYIMAH
Counsel:1. STEVE GREY FOR PLAINTIFF/ RESPONDENT PRESENT. 2. CHARLES BAWADUAH FOR DEFENDANT/APPELLANT PRESENT

JUDGMENT

GYIMAH, J.

Introduction 

This is an appeal from a ruling of Her Worship Emelia K. Abruquah (Mrs.) sitting at  the Amasaman Magistrate Court delivered on 10th December 2013. A summary of the  facts that led to the said ruling is provided below. 

Summary of Facts 

The plaintiff/respondent (plaintiff) instituted an action against the defendant/ appellant (defendant) at the Amasaman District Court claiming certain reliefs including  declaration of title and recovery of possession. Judgment was delivered on 24th July 2012 by Her Worship Mrs. Abena Oppong Adjin-Doku. Although she held that none of the parties had been able to prove title over the land in dispute, she further held that the plaintiff was the one in possession of the property and she therefore awarded  damages of Five Hundred cedis in favour of the plaintiff. The defendant’s late  application for leave to appeal was refused.

The plaintiff therefore set into motion the execution processes of the district court by  applyin…

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