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SAMUEL ABAYOR DECKER
V.
NANA ASINOR & 4 ORS

(2023) JELR 111578 (CA)

Court of Appeal 7 Dec 2023 Ghana
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- Plaintiff (Samuel Abayor Decker) sued Defendants for trespass and declaration of title over land at Ampomaa, near Aburi, also known as Djuani/Juani lands, alleging ownership via inheritance from his father, Arthur Molayor Decker. - The Ci

Case Details

Suit Number:CIVIL APPEAL NO. H1/39/2022
Judges:SENYO DZAMEFE. JA. (PRESIDING). SOPHIA ROSETTA BERNASKO ESSAH, JA. GIFTY AGYEI ADDO, JA.
Counsel:KWADWO ADDEAH-SAFO FOR THE DEFENDANTS/APPELLANTS; VICTOR ANKU-TSEDE FOR THE PLAINTIFF/RESPONDENT.
Location:Accra

JUDGMENT

GIFTY AGYEI ADDO JA:

BACKGROUND

The cause of action of the Plaintiff against the Defendants is pivoted round the tort of trespass to land.

By his amended Writ of Summons and Statement of Claim filed on 20th March 2019, the Plaintiff claimed that the Defendants had trespassed unto parts of the land owned by him and are further laying claim of ownership to same.

Per their amended Statement of Defence, the said 1st to 4th Defendants denied trespassing on any land belonging to the Plaintiff.

The Defendants on the other hand, alleged that the entire land, is the subject matter of the suit, belongs to the larger Ojobi Aduamoah Asokyiri family of Aburi and Adamorobe. 

Both parties prayed substantively for a declaration of title to the land in dispute situate, lying and being, at Ampomaa near Aburi and also known as Djuani or Juani lands.

After a full trial of the rival claims of the parties, the Circuit Court on 27th May 2021, sitting at Akropong delivered its decision. At page 8 of the dec…

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