[2023]DLCA17661 • November 2, 2023 • Court of Appeal
LYDIA ODURO vs. NANA AFRIYIE & DR. EMMANUEL DICKSON TUFFOUR
JUDGMENT SUURBAAREH, JA This is an interlocutory appeal from the ruling of the High Court, Kumasi dated 21st December, 2022. In the ruling the High Court dismissed the Plaintiff/Appellant’s application seeking to restrain the Defendants/Respondents, and all persons claiming by or through them, from interfering with the subject matter in dispute, Plot No. 28, Twedie Road, Atwima Takyiman in the Ashanti Region, pending the resolution of the dispute between them. The High Court, however directed the Defendants/Respondent to give an undertaking to demolish any structures on the land or relinquish their interest therein should they loose the case. Henceforth, the parties would be referred to by their designations in the Court below. The Plaintiff had sued the defendants jointly and severally claiming the following reliefs: “i. An Order for Declaration of Title and Recovery of Possession to all that Land designated and known as Plot 28, Twedie Road, Atwima Takyiman in the Ashanti ...