AMA AMPOMAH & ANOTHER v. ADJOA ACHIAA & 2 OTHERS

GEORGINA MENSAH-DATSA (MRS.), J.A.

This is an appeal by the Defendants/Appellants (hereinafter referred to as Appellants) against the judgment of the Circuit Court, Dunkwa-On-Offin dated 8th July, 2019 in favour of the Plaintiffs/Respondents (hereinafter referred to as Respondents)

The grounds of appeal including the additional grounds later filed are as follows:

That the judgment is against the weight of evidence.

That the trial court misdirected itself when it misapplied the statute of limitation on misrepresentation of facts i.e. not based on facts upon which Counsel for Defendant/Appellant (sic) pleaded same.

The trial court fell into error when it overlooked a material fact in respect of the sources of finding (sic) for the disputed building by relying on trivialities to negative the substance of the evidence.

That the trial Judge fell into grave error when he made a wrongful rejection of evidence based on the misinterpretation of the rules regarding hearsay evidence.

The trial court erred when it recognized the validity of customary gift without subjecting same to proper scrutiny as provided by case law.

The Plaintiffs/Respondents instituted this action on the 6th January, 2012 against the Defendants/Appellants jointly and severally for the following reliefs:

Declaration of title of all that piece and parcel of land with three houses thereon located in Maudaso, Dunkwa sharing boundaries with the properties of Kofi Benin, Nana Adu, Maame Afia Mmra and Papa Baasa.

Recovery of possession.

General damages.

Specific damages of one hundred and eighty-two Ghana Cedis (GH¢182.00) being sixty Ghana Cedis (GH¢60.00) for labour, sixty eight Ghana Cedis (GH¢68.00) for sand and stones and fifty four Ghana Cedis (GH¢54.00) for three bags of cement.

An order of perpetual injunction to restrain Defendants, his (sic) Agents, Assigns and workmen from interfering with the said land.

The brief facts of this case are that the Respondents are the children of the late Kofi Ampong of Maudaso, Dunkwa. They instituted this action on their behalf and their brother Akwasi Attah. According to them, all their siblings are deceased with the exception of their said brother Akwasi Attah and them.

The Respondents’ said the Appellants are not related to them. The Respondents’ case is that in the life time of their late father Kofi Ampong, he acquired a parcel of land together with his wife Abena Araba, their mother and they built three rooms on same. According to them,