ALHAJI MAMUDU SALLEY & ANOR. v. RASHAD PEREGRINO BRIMAH & 5 OTHERS
2016
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU
- KORBIEH
- WELBOURNE
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court dismissed the plaintiffs' claims of ownership over a property at Knutsford Avenue, Accra, as well as the 6th defendants counterclaim. The plaintiffs appealed, asserting errors in the trial judge's conclusions. The Appeal Court reviewed the evidence, including documentary and traditional history, and upheld the High Court's decision, finding that the plaintiffs failed to prove ownership and were caught by laches and acquiescence. The court reiterated principles like the superiority of documentary evidence over oral testimony and the method of testing traditional history in land disputes. The appeal was dismissed in its entirety.
JUDGEMENT
MARIAMA OWUSU, J.A.:
On the 29th day of January, 2015, the High Court, Accra dismissed the plaintiffs’ claims. The 6th defendant’s counterclaim was also dismissed. Cost of GH¢10,000.00 was awarded against the plaintiffs in favour of the 1st to 5th defendants. No cost was awarded against the 6th defendant.
Dissatisfied with the decision of the High Court, the plaintiffs appealed to the court of Appeal on the following grounds:
a. That the judgment is against the weight of the evidence on record.
b. That the learned trial Judge erred in holding that the plaintiffs failed to prove their claim of ownership of the land in dispute and further erred in holding that the land did not belong to Amidu Butcher.
c. That the learned trial Judge erred in holding that the plaintiffs were caught by laches and acquiescence.
d. Further grounds of appeal would be filed upon receipt of the record of appeal.
Before dealing with the arguments canvassed in support and against this appeal, I will like to recount the brief case of the parties before the trial court.
Per their amended statement of claim, the plaintiffs averred that the 1st plaintiff is the Head of Amidu family of Accra and 2nd plaintiff is a grandson of Amidu Butcher of Accra. Whilst the 1st to 5th defendants are sons and siblings of Mobolaji Preregrino Brimah of Accra. The 6th defendant is the great grandson of Chief Brimah of Accra.
The plaintiffs averred that their grandfather purchased the land situate at Knutsford Avenue near Chief Brimah’s property between 1910 and 1920. The plaintiffs gave the boundaries owners of the disputed property with an approximate area of 0.26 acre. The plaintiffs averred further that during the life time of their grandfather the property in issue was a vacant land which he used as a stable for sometime and later a 17 zinc shed was built by the 2nd son of Amidu Butcher by name Abdulai Falke, who was a carpenter by profession. According to the plaintiffs, the zinc sheds were used by both Amidu and Peregrino Brimah families for residential purposes.
Plaintiffs continued that, the reason why the Peregrino family came to stay on the disputed land was because of a quarrel which developed between two rivals i.e. two wives of Chief Brimah who was a very close friend of Amidu Butcher who migrated together from Nigeria to Ghana. It is the case of the plaintiffs that Imoru Mobolaji Peregrino Brimah (IMPB), a son of one of the rival women and also a secretary to Amidu Butche