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YAW NKRUMAH
V.
OPANIN KWAKYE

(2012) JELR 63858 (CA)

Court of Appeal 30 Nov 2012 Ghana
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- The plaintiff brought an action for ejectment of the defendants from Plot number A15 Bodomasi. - The plaintiff claimed that his father acquired the disputed land over 50 years ago and registered it in the name of his son. - The defendants

Case Details

Suit Number:CIVIL APPEAL NO. H1/38/2012
Judges:JUSTICE FRANCIS G KORBIEH JA [PRESIDING] ,JUSTICE IRENE C DANQUAH JA, JUSTICE ALHAJI TANKO AMADU JA
Counsel:JAMES MARSHALL BELIEB ESQ with IRENE ATOBRAH FOR PLAINTIFF/ APPELLANT,J. K. KODUAH ESQ. FOR DEFENDANTS/RESPONDENTS.

JUDGEMENT

IRENE C DANQUAH JA

The Plaintiff brought an action before the Circuit Court, Kumawu for and on behalf of his siblings claiming for the ejectment of the Defendants from Plot number A15 Bodomasi. Subsequently, the Plaintiff amended the Writ of Summons claiming for declaration of title to Plot No. 15 Bodomasi, recovery of possession and damages for trespass. By the amended Statement of Claim filed on 6/05/08, it was the case of the Plaintiff that his father by name Kwabena Nsafoa acquired the disputed land over 50 years ago when there was no plan covering the area. In 1965, a site plan was prepared to cover the area and his father’s land was numbered Plot 15, whilst Opanyin Yaw Duffour was allocated Plot 14. Plaintiff’s father registered Plot 15 in the name of his son Kwasi Prempeh at the Town Development Committee. His father, subsequently, made a gift of the plot to his wife Afua Kuma and upon her death, to all his children and ‘aseda’ was given in the presence of family member…

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