[2024]DLCA17605 • February 15, 2024 • Court of Appeal
EMMANUEL BOAKYE AND COLLINS BOAKYE vs. KWABENA BOATENG AND DR. FOKUO
The plaintiffs instituted an action claiming title to land known as Plots 2 & 3, Block 'J Pakyi No. 1, Kumasi, special damages for destruction of materials, general damages for trespass, and a perpetual injunction against the defendants. The defendants raised estoppel based on a prior judgment in Suit No. E1/26/2004. The trial court decided to determine the suit by legal arguments on two preliminary issues related to the identity of the land and whether the plaintiffs were bound by the prior judgment, without a full trial or formal evidence hearing.
read moreJUDGMENT KWAMINA BAIDEN, JA. In this appeal the parties will retain their designations in the court below. The Plaintiffs’ action instituted on 10th May 2017 against the Defendants was for the following reliefs: 1. Declaration of title to all that piece and parcel of land known as Plots numbered 2 & 3, Block ‘J Pakyi No. 1, Kumasi. 2. Special damages of GHc61,000.00 being the value of blocks, trips of sand and other material belonging to the Plaintiffs which items were unlawfully destroyed by the Defendants. 3. General damages for Trespass. 4. Perpetual Injunction restraining the Defendants, their agents, successors, assigns, service men, workmen, workmen and all persons claiming through them from building on, entering onto, going onto, and/or in any way dealing or interfering with the disputed land. 5. Any other order(s) as the Honourable Court may deem fit, equitable and just. Facts: The parties in this suit filed their pleadings consisting of the Statement of Claim,...