[2004]DLCA6234 • March 12, 2004 • Court of Appeal
MARY YEBOAH @ MARY FORDJOUR vs. JAMES KODZO FORDJOUR
ANIM, J.A. In this appeal the Defendant/Appellant (hereinafter referred to as "The Defendant") is seeking for the reversal of the ruling of the Circuit Court, Tema, presided over by His Honour Kwadwo Owusu for refusing to set aside the judgment delivered by him on 15th April 2002 in favour of the Plaintiff/Respondent (hereinafter referred to as "The Plaintiff"). The facts culminating is this appeal may be summarised as follows:— by a Writ issued by the Plaintiff on 5 th February 1999, she claimed against the Defendant the following reliefs:— (a) Declaration of title to the land at Tema East Akosombo measuring 100 x 100 feet with uncompleted building thereon. (b) An order for perpetual injunction to restrain the Defendant, his agents, assigns, workmen etc, from interfering in the Plaintiff's project until the final determination of this suit. (c) Damages for trespass. After pleadings had closed Counsel for the Plaintiff filed Summons for Directions on 17th December 1999 ...