ALBERT BENTSI ADDISON v. ADJOA OWUSUA
2016
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU
- ACQUAYE
- WELBOURNE
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case concerns a land dispute over plot number 92, initially resolved in favor of the plaintiff in the Circuit Court, Amasaman. The defendant's appeal highlighted the plaintiff's lack of capacity to initiate the suit, which was upheld by the Court of Appeal. The decision from the Circuit Court was rendered a nullity, and the defendant's counterclaim was also dismissed for lack of evidence.
JUDGEMENT
MARIAMA OWUSU, J.A.:
On 21st August, 2014, the Circuit Court, Amasaman dismissed the defendant’s counterclaim as not proved and gave judgment for the plaintiff for all the reliefs endorsed on her writ of summons.
In her judgment, the trial Judge held among other things as follows:
“I am satisfied on a careful examination of the totality of the evidence led that the plaintiff adduced sufficient evidence to establish her claim on a balance of probabilities. With regard to the defendant’s counterclaim, she failed to prove her title to plot number 92 and did not lead any evidence to prove the special damages claimed. I dismiss the defendant’s counterclaim and enter judgment in favour of the plaintiff for all the reliefs endorsed on her writ of summons.
Having regard to the four bedroom house built on plot 92, I shall award nominal damages of Gh¢1,000.00 to the plaintiff.
In respect of costs, I shall consider the length of the trial, the number of witnesses called, travel expenses to court, the fact that plaintiff engaged counsel and award costs of Gh¢2,500 to the plaintiff.”
Dissatisfied with the decision of the trial court, the defendant appealed to the Court of Appeal on the following grounds:
i. The judgment is against the weight of evidence adduced at the trial.
ii. The learned trial Judge erred in giving judgment in favour of the plaintiff/respondent.
iii. Defendant/appellant was not notified of the date to give judgment.
iv. Additional grounds of appeal to be filed upon receipt of the records of proceedings. The reliefs sought from the Court of Appeal are:
The reliefs sought from the Court of Appeal are:
1. An order setting aside the judgment of the Circuit Court, Amasaman dated 21st day of August, 2014.
2. An order allowing the appeal.
3. Any other order(s) that shall be deemed fit, just and equitable by the Honourable Court. On 17/12/2015, the defendant/appellant filed further grounds of appeal as follows:
On 17/12/2015, the defendant/appellant filed further grounds of appeal as follows:
1. That the learned Judge erred in law when in spite of admitting that the defendant had a four bedroom house on the land built without challenge still gave judgment to the plaintiff contrary to the principles of laches and acquiescence.
2. The learned Judge erred in law when she clothed the plaintiff’s attorney with capacity which he did not have at the time of instituting the action for and on behalf of Victoria Tawiah Kotey.
Before