ADONGO ALOGTE VRS PETER AKOLGO AKUNLIBE & ANOR

LOVELACE-JOHNSON JSC:

On 16th December 2020 the High Court sitting at Bolgatanga gave judgment for the plaintiff in this matter and dismissed the counterclaims of both defendants as lacking merit.

Being dissatisfied, the defendants launched an appeal to the court of appeal which reversed the judgment of the high court and entered judgment for them.

The plaintiff being dissatisfied with this reversal, has launched the present appeal on the following grounds:

i. The judgment of the Court of Appeal is against the weight of the evidence

ii. The Court of Appeal erred when it held that there was a valid customary arbitration over the ownership of the disputed land, which award bound the Plaintiff/Respondent/Appellant

Particulars of error

The meeting held on 10th September, 2016 between 1st Defendant/Appellant/Respondent and Abeebange (deceased) before the Tindana Ayeta did not meet the pre-requisites of a valid customary arbitration against Plaintiff/Respondent/Appellant, to wit, voluntary submission of Plaintiff/Respondent/Appellant to arbitration and be bound by the award.

iii. The court of appeal erred when it came to the conclusion that Abeebange admitted before the Tindana that the disputed land belonged to the 1st Defendant/Appellant/Respondent family.

iv. The court of appeal erred when it held that the purported admission made by Abeebange before the Tindana bound the Plaintiff/Respondent/Appellant

v. The court of Appeal wrongly evaluated the documents of 1st Defendant/Appellant/Respondent by declaring title in favour of the 1sd Defendant/Appellant/Respondent resulting in a serious miscarriage of justice.

The relief sought from this Court is a setting aside of the judgment of the Court of Appeal and the restoration of the judgment of the High Court

The designations of the parties at the trial court will be maintained in this appeal.

By his amended writ at the high court the plaintiff had claimed the following reliefs

a. A declaration that all that piece of land lying and situate at Tindonmolgo-Tingre, Bolgatanga and bounded to the North by the Acheka clan farm lands; bounded to the West by the Acheka clan farm lands; bounded to the south by the Acheka clan farm lands and bounded to the East Acheka clan farm lands is the family land of the Agezeele family of Acheka clan of Tindonmolga-Tigre of which the Plaintiff is the head

b. _An order of Perpetual Injunction restraining the Defendants, their workmen or a