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YAA ACHIAA
V.
AKWASI AMPATE

(2012) JELR 63912 (CA)

Court of Appeal 17 Jan 2012 Ghana
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- The plaintiff claimed title to a piece of land and relief for damages caused by the defendant. - The District Magistrate ruled in favor of the plaintiff, but the defendant appealed to the High Court. - The High Court upheld the appeal and

Case Details

Suit Number:CIVIL APPEAL SUIT NO. H1/71/2011
Judges:MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.
Counsel:KWADWO DEI KWARTENG ESQ. FOR PLFF/APPLT ,BENJAMIN ACOLATSE FOR KOFI ABOUCHIE FORDEFT/APPELLANT/RESPONDENT.

JUDGMENT

By his writ of summons, the plaintiffs claim from the defendant the following reliefs.

1. Declaration of Title by 1st plaintiff for a piece of land situate and lying at Akyere, a village near Mampong/Ashanti at a place commonly known and called “Akyere” on Benin Stool lands bounded by the properties of Opanin Kwame Obeng (Deceased) now succeeded by Kwaku Kyeame, Kwame Donkor (Deceased) now succeeded by defendant, Akyere Kwaku Sarfo (Deceased) now succeeded by 1st plaintiff and river Kyirimfa which the defendant is unlawfully claiming title to same despite repeated demands.

2. 2nd plaintiff claims for the sum of ¢1,680,000.00 being the cost of oil palm trees and food crops grown by 2nd Plaintiff and burnt by the defendant, his servants or agents without the authority of 1st or 2nd plaintiff.

Upon service of the writ of summons on the defendant, the latter appeared in court and pleaded NOT LIABLE.

The District Magistrate then set the case down for hearing.

At the trial, each of the p…

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