[2021]DLCA16146April 1, 2021Court of Appeal

SUAME MAGAZINE MECHANICAL ASSOCIATION LTD PER NANA OSEI KWADWO vs KOFI BOAKYE AND 2 ORS

JUDGMENT HENRY KWOFIE JA: This appeal is from the judgment of the High Court Kumasi, delivered on 17th October 2013. In that judgment, the trial court granted the plaintiffs’ claim for a declaration of title to the disputed land and recovery of possession but dismissed the plaintiffs claim for damages for trespass and perpetual injunction. By an amended writ of summons issued against the original defendant Kofi Boakye, the plaintiff, Associstion claimed against the defendant the following reliefs: 1. A declaration that title in all that piece or parcel of land edged pink on the site plan or map attached to this writ is vested in the plaintiff 2. Recovery of possession and damages for trespass 3. Any further or other reliefs as shall be just in the circumstances of this case in terms of the inherent jurisdiction of the honourable court and Order 63 rule 6 of the High Court (Civil Procedure Rules) and especially an order of perpetual injunction restraining the defendant, his.....