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SUBUNOR AGORVOR
V.
MR. J. K. KWAO AND AARON NARH ACHIA

(2019) JELR 67460 (SC)

Supreme Court 27 Mar 2019 Ghana
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- The case is an appeal from the judgment of the Court of Appeal (CA) which reversed the decision of the trial High Court in a land dispute. - The plaintiff claimed a declaration of title and other ancillary reliefs, alleging that the defe

Case Details

Suit Number:CIVIL APPEAL NO. J4/07/2018
Judges:ANSAH JSC (PRESIDING), GBADEGBE JSC, PWAMANG JSC, DORDZIE JSC, AMEGATCHER JSC
Counsel:SEFAKOR AKPABLAR FOR THE DEFENDANTS/APPELLANTS/APPELLANTS,G.H. QUIST FOR THE PLAINTIFF/RESPONDENT/RESPONDENT

GBADEGBE, JSC

This is an appeal from the judgment of the CA by which the decision of the trial High Court in the matter herein, a land cause was reversed. In these proceedings, we will retain the description of the parties which they had before the trial High Court. Similarly, reference to the grounds of appeal will be made in the manner in which they were set out in the notice of appeal. Before us, the defendants have lodged an onslaught against the judgment of the CA on several grounds. These grounds relate to the capacity of the plaintiff to mount the action, the order of possession that was declared in the plaintiff and the finding in trespass. The said grounds will be referred to in so far as they are relevant to the issues for our decision in this appeal.

The backdrop to the action herein may be briefly narrated as follows. The plaintiff took out the action herein against the defendants claiming a declaration of title and other ancillary reliefs. The action herein was provoked acc…

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