ZEINABU MOHAMMED AND MUJEED MOHAMMED
V.
ADISA BOYA

(2016) JELR 63610 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. NO: H1/4/2016 ·  7 Jun 2016 ·  Ghana
CORAM
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.), JA, ANGELINA M. DOMAKYAAREH (MRS.) JA
Core Terms Beta
plaintiff
land
defendants
trial judge
lands commission
trial
allocation note
disputed plot
declaration of title
district court
documentary evidence
exhibit f
favour of the plaintiff
weight of evidence
capacity of the defendants
claim of the plaintiff
criminal trial
exhibit a
point of law
statement of claim
submission of counsel
supreme court
akufo addo vrs catheline
alleged fraud
best position
caretaker chief nana kwame awuah
case of the plaintiff
circumstance of this case
civil case
civil cases
counter-claim of defendants
criminal offences act
duty of counsel
entire record of appeal
function of the appellate court
import of this ground of appeal
land documents
last witness of the plaintiff
notice of appeal
occupation of the said plot of land
pieces of documentary evidence
plot no.2 block
recovery of possession
tuakwa vrs bosom
valid lease
whole record of appeal

AYEBI, JA

1. On 15th August 2011, the plaintiff/respondent (hereinafter referred to as the plaintiff) sued the defendants/appellants (referred to as defendants simply in this judgment) for:

(a) Declaration of title to and recovery of possession of all that plot No.2 Block “U”, Ayigya-Kumasi.

(b) An order of perpetual injunction and general damages for trespass.

(c) Any appropriate reliefs in the circumstance of this case.

2. Upon the service on the defendants the writ of summons with statement of claim, they in their statement of defence denied the claim of the plaintiff and counter-claimed simply for:

(a) An order for perpetual injunction restraining the plaintiff, her agents and assigns from having anything to do with the land in dispute.

(b) Costs.

3. Based on the pleadings, the issues set out and set down for trial by the trial judge are:

(i) Whether or not the plaintiff acquired the disputed plot from the Hia-Topre Stool.

(ii) Whether or not the plaintiff has any valid lease on the dispute…

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