ABED NORTEY & ANOTHER v. AFRICAN INSTITUTE OF JOURNALISM & COMMUNICATION & OTHERS
2012
COURT OF APPEAL
GHANA
CORAM
- ABBAN, J.A. (PRESIDING)
- KUSI-APPIAH, J.A.
- AYEBI, J.A
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In the case involving land dispute over the Oshiokpo lands, the trial court ruled in favor of the plaintiff, granting ownership to the Osu Wem Family of Prampram. The defendants, who claimed the land as theirs since 1872, appealed the decision. Upon review, the appellate court found the trial court's ruling to be against the substantial weight of evidence, highlighted inconsistencies in the plaintiff's case, and improper rejection of defendants' evidence. The appellate court set aside the trial court's judgment and entered judgment in favor of the defendants, recognizing their ownership of the disputed land.
KUSI-APPIAH, J.A.:
By his writ of summons filed on the 17th of April 2007, the plaintiff brought this action for himself and on behalf of the Osu Wem Family of Prampram against the 1st Defendant for:
“i Declaration of title to all that piece or parcel of land known as the Oshiokpo Lands bounded on the North-East by Lessor’s Land measuring a total distance of 2,047.2 feet, 1, 032.1 feet and 2,359 feet respectively more or less on the North-West by the Lessor’s Land measuring a total distance of 1,878.7 feet, 3,178.2 feet and 2,176 feet respectively more or less on the South-East by Lessor’s Land measuring a total distance of 1,936.7 feet. 1.949.1 feet, 1,767.7 feet and 4,727.8 feet respectively more or less and on the South-West by Lessor’s Land measuring a total distance of 4,690.0 feet and 1,481.8 respectively covering an approximate area of 777.696 acres of land belonging to the Osu Wem family of Prampram.
ii Recovery of possession of the entire land.
iii Damages for trespass
iv Further or other relief as in the circumstance may be just or proper, including in particular, a perpetual injunction restraining the defendant whether by themselves, their servants, agents, privies, whomsoever or otherwise from dealing or interfering with the plaintiff’s ownership, possession and/or control of the said tract of land known as Oshiokpo or any part thereof.”
The said writ of summons was accompanied by a statement of claim, which was later amended pursuant to an order of the trial court when the co-defendants were joined to the action.
The basis for the plaintiff’s reliefs are contained in paragraphs 3-8 of his amended statement of claim which read:
“3 The plaintiff says in the 27th February, 2007 edition of the Daily Graphic, it came across a publication which gave an indication that the defendant had commissioned a project on a parcel of land, which land in (SIC) known as Oshikpo and belongs to plaintiff’s family.
4 The plaintiff says the entirety of the land covers an approximate area of 777.696 acres and is bounded on the North-East by… (same as relief (i) supra).
5 Plaintiff says that the family acquired the Oshiokpo land by original or first immigrant settlement in or about the 15th century when their founder Numo Anumle first settled there and this has passed down from one generation to another and the family has since remained in continuous and undisturbed possession and control to date, exercising all rights of ownership, possession and control.