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SETH SEADEY
V.
MRS. GERTRUDE ADJATEY ADDY

(2018) JELR 69672 (CA)

Court of Appeal 27 Mar 2018 Ghana
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- This is an appeal against a judgment of the High Court in a land dispute case. - The plaintiff brought suit for a declaration of title to land, recovery of possession, and damages for trespass. - The plaintiff claimed that her father acqu

Case Details

Suit Number:CIVIL APPEAL NO: H1/07/2018
Judges:K. A. ACQUAYE JA (PRESIDING), S. K. GYAN JA, M. M. AGYEMANG (MRS.) JA
Counsel:MR. RAPHAEL B. K. ABOAGYE FOR DEFENDANT/APPELLANT; MRS. ADWOA AMUGI OTENG MENSAH FOR PLAINTIFF/RESPONDENT.

JUDGMENT

AGYEMANG JA:

In this appeal against the judgment of the High Court Koforidua, delivered on the 31st of October 2014, the defendant/appellant (hereafter referred to alternately as the defendant, or the appellant) seeks a setting aside of the judgment of that court.

The matters that have given rise to the appeal are set out hereafter.

The plaintiff/respondent (referred to as the plaintiff, or the respondent) brought suit at the court below for herself and for her siblings, seeking inter alia, a declaration of title to land situate at Srodae, Koforidua, and bounded on all sides by the property of Kofi Adjatey, Kofi Kumah, Defendant’s land and the Koforidua Huhunya Road; recovery of possession, and damages for trespass.

It was the case of the plaintiff that her father who died in 1973 was in his lifetime, a transport owner. She alleged that in 1943, her father acquired a parcel of land with building thereon, from one Kwame Adjaye who conveyed same to the plaintiff’s father with the co…

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