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

(2010) JELR 69685 (CA)

Court of Appeal 18 Feb 2010 Ghana
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- The plaintiffs/appellants brought an action for declaration of title to a parcel of land in Kwashieman, Accra. - The circuit court dismissed the action and entered judgment in favor of the co-defendant/respondent on a counterclaim. - The

Case Details

Suit Number:CIVIL APPEAL NO. H1/121/05
Judges:KUSI-APPIAH J.A (PRESIDING), IRIS MAY BROWN J.A., ADUAMA OSEI J.A.
Counsel:COL. S M ASANTE FOR PLAINTIFFS/APPELLANTS,MR. SAMMY ADDO FOR DEFENDANTS AND CO-DEFENDANT/RESPONDENT

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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