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MR. & MRS. BEN ANIM ANSAH v. PROF. S.K.A. DANSO

2012

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU, JA –PRESIDING
  • HONYENUGA, J.A.
  • DENNIS ADJEI, JA

Areas of Law

  • Tort Law
  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This Ghana Court of Appeal decision, authored by Dennis Adjei, J.A., reviews a land dispute from Kasoas Adupong Kpehe. The plaintiffs had registered their parcel at the Lands Commission Secretariat and begun building; the defendant, asserting an adverse claim, demolished the plaintiffs foundation works. The High Court (Swedru) granted declaration of title, possession, GHa320,000 special damages, GHa333,000 general damages, and a perpetual injunction. On appeal, the Court struck out the abandoned omnibus ground and examined two issues: special damages not pleaded or particularized, and whether general damages for trespass were excessive. Applying KLM v. Farmex and Delmas Agency precedents and compensatory principles, the Court held special damages were wrongly awarded, set them aside, and reduced general damages to GHa310,000. Presiding Judge Marful-Sau and Honyenuga, J.A., concurred.

JUDGMENT