[2019]DLCA7601October 28, 2019Court of Appeal

ANTHONY SFEIR PER HIS LAWFUL ATTORNEY ELIAS SEEIR (PLAINTIFF/RESPONDENT) vs. DANIEL SFEIR AND (1ST DEFENDANT) MARTIN TAWIAH (2ND DEFENDANT/APPELLANT)

The Background: This is an appeal against the decision of ruling of the Circuit Court, Berekum, dated the 12th day of April, 2018. The Plaintiff/Respondent caused a writ of summons to be issued against the 1st and 2nd Defendants claiming the following reliefs; a. A declaration that all that piece and parcel of land known as plot number 66, Block B, Sector 1, Berekum is the property of the Plaintiff. b. General damages for trespass c. Recovery of possession of all that piece and parcel of land unlawfully encroached upon by the Defendants as a result of the said trespass on the Plaintiff’s land described in relief (a) supra. d. An order of perpetual injunction restraining the Defendants, their agents, labourers, heirs, assigns, workmen and any persons claiming through them in any way or manner dealing or interfering with the land part of which is in dispute. The Facts of the case according to the Plaintiff/Respondent: The Plaintiff’s case is that he acquired the plot in...