SEMPE STOOL & ANOR
V.
COMFORT KWAWU (MRS) & ANOR

(2010) JELR 69685 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/121/05 ·  18 Feb 2010 ·  Ghana
CORAM
KUSI-APPIAH J.A (PRESIDING), IRISMAY BROWN J.A., ADUAMA OSEI J.A.
Core Terms Beta
plaintiffs
1st defendant
trial court
co-defendant
sempe stool
statement of defence
declaration of title
2nd defendant
trial
1st plaintiff
2nd plaintiff
statement of claim
ahiaku family of kwashieman
appellate court
disputed land
favour of the co-defendant
respect of the land
sempe stool lands
trial court’s finding
view of counsel
development of kwashieman
general direction of the sempe stool
judgment of the trial court
parcel of land
present appeal
queenmother of kwashieman
record of appeal
said land
sale of the land
weight of evidence
attatched statement of claim
case of the co-defendant
circuit court
face of that gift
grant of the subject matter of the suit
judgment of the circuit court
judgments of the superior courts
kwashieman bridge
land policy
mantse of the sempe division of the ga state
nii ahiaku iv
nii lartey kwashie ahiaku
own view of the probabilities of the case
reading of the pleadings
recovery of possession of the land
sempe stool land
subject matter of the suit
support of the present appeal

ADUAMA OSEI J.A:

In its judgment dated the 10th of September, 2003, the Circuit Court, Accra, dismissed an action instituted by the Plaintiffs/Appellants, which included a claim for declaration of title to a parcel of land at Kwashieman in Accra, and also entered judgment against the Plaintiffs/Appellants in favour of the Co-Defendant/Respondent on a counterclaim filed by the Co-Defendant/Respondent. The Plaintiffs/Appellants were not satisfied with the judgment of the Circuit Court and brought the present appeal against the same.

The Writ of Summons by which the Plaintiffs/Appellants commenced their action was filed on 12th March, 1998, and was indorsed for the following reliefs:

“a) Declaration of title to all that piece or parcel of land near, adjacent to, or under the Kwashieman Bridge and more particularly described in the schedule to the attatched statement of claim.

“b) An order setting aside or nullifying the sale of the land by the 2nd Defendant to the 1st Defendant on ground(s…

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