[2015]DLCA8037December 22, 2015Court of Appeal

KWAME BOATENG DANKWAH, PER HIS TRUEAND LAWFUL, ATTORNEY KWAKU ANTWI AND DANKWAH OF NEW TAFO KUMASI vs. OPANIN ADU BOAHENE OF ASAFO, KUMASI

A. M. DOMAKYAAREH (MRS), J.A. 1. In this case, we consider an appeal against a judgment of the High Court, Kumasi, delivered on 5th February, 2013 against the Plaintiff/Appellant herein.The Plaintiff, suing per his true and lawful Attorney, Kwaku Antwi Dankwah, issued a Writ of Summons, claiming against the Defendant: • a declaration that the ownership of Plot No. 197A, New Asafo, Kumasi and measuring 90 feet by 195 feet by 90 feet by 180 feet is vested in the Plaintiff; • damages for trespass; • recovery of possession and • an Order for perpetual injunction restraining the Defendant, his agents, servants and any person claiming title through him from interfering with the Plaintiff’s land in dispute. 2. The Plaintiff’s case was that Narrow Pharmaco Limited owned a large tract of land known as 197 Sector 13 New Asafo Kumasi; that the company decided to assign a portion of the said land to developers and consequently applied to the Town and Country Planning Depar...