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TRUSTEES OF SYNAGOGUE CHURCH
V.
KWAME POKU BOAH

(2016) JELR 108653 (HC)

High Court 27 Apr 2016 Ghana
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- The plaintiff filed a motion seeking an order to clear the right of way and the access road to their land and to restrain the defendant from entering upon and doing anything further within the plaintiff’s enclosed land. - The plaintiff cl

Case Details

Suit Number:SUIT NO. LD 0331/2016
Judges:JUSTICE ELIZABETH ANKUMAH
Counsel:COUNSEL FOR PLAINTIFF/APPLICANT: EDWARD MARSHALL KOBBLAH PENU ESQUIRE COUNSEL FOR DEFENDANT/RESPONDENT: PAUL K OPOKU WITH NANA TABIA AMOAKOHENE, C S SACKEY, PETER SARFO ANTWI AND DOROTHY ESINAM TETTEH

RULING

ANKUMAH, J.

This is a motion on notice filed by the plaintiff coming under Order 25  rule 1 (1) of the High Court Civil Procedure Rules 2004 CI 47 praying  for an order to clear the right of way and the access road to plaintiff’s  land and “to restrain the defendant, his agents, privies, assigns and all  those claiming through or under him or anybody at all from entering  upon and doing anything further within, concerning or in respect of  the plaintiff’s enclosed land or erecting any structures in whatever  form or manner on the subject matter land being within and part of,  and the only access road and right of way to the plaintiff’s enclosed  land until the final determination of this case.” 

The order the plaintiff is seeking is in two parts to wit: 

1. An order to clear the right of way and the access road to plaintiff’s  land. 

2. To restrain the defendant, his agent etc. from entering upon and  doing anything further within the plaintiff’s enclosed land. 

The basis of plaintif…

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