ANSU ADUSA GORDON VS KWASI ANING MENSAH
2024
HIGH COURT
GHANA
CORAM
- LADYSHIP JUSTICE JOYCE BOAHEN
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The legal dispute centers around the boundary demarcation between two plots, plot No. 56 Block F Sector 2 owned by the Respondent and plot No. 54 Block F Sector 2 owned by the Appellant. The Respondent accused the Appellant of trespass and sought several reliefs from the District Court, which ruled in the Respondent's favor. Upon appeal, the Appellant argued that the trial court's judgment was against the weight of evidence and that the Respondent had not adequately proven the claim. After comprehensive review, including the relevant procedural and evidentiary submissions, the appellate court upheld the trial court's ruling and dismissed the appeal. The appellate court found ample evidence aligning with the trial court's decision and rejected the Appellant's contentions, affirming the boundaries and awarding costs to the Respondent.
The facts leading to this appeal is that the house of the Plaintiff / Respondent hereinafter referred to as Respondent abuts the house of the Defendant / Appellant hereinafter referred to as Appellant.
The Respondent’s house is house number 56 Block F Sector 2 and the Appellants house is on plot number 54 Block F Sector 2 all located at Dormaa Ahenkro.
The ownership of the parties’ plots is not in issue but the dispute between the parties is about the boundary between the parties which caused the Respondent to issue a writ of summons against the Appellant at the District Court Wamfie claiming the following reliefs; A. The Plaintiff’s claim against the Defendant is for a declaration of title and recovery of possession to that entire plot No. 56 Block F Sector 2 situate at Nkyenkyenkye Dormaa Ahenkro is property of the Plaintiff.
B. Damages for trespass C. Perpetual injunction restraining the Defendant, his agents, assigns, labourers and any person claiming through the Defendant from interfering with the Plaintiff’s property.
The Appellant disputed the Plaintiff’s claims against him and denied trespassing unto the Respondent’s land.
He contended that the Respondent is not entitled to the reliefs being sought.
After hearing the parties, the District Court Wamfie presided over by His Worship Simon Gaga Esg.
delivered judgment on 16th August, 2022 in favour of the Respondent.
It is against this judgment that the Appellant appealed praying this Court for the judgment of the trial Court including all the consequential orders made upon the said judgment to be set aside.
The Notice of Appeal was filed on 5th September, 2022 captured at pages 84 and 85 of the record of appeal.
Part of the judgment complained of is; The entire judgment and all the consequential orders made on the 16th day of August 2022. The grounds of appeal are as follows; a. That the judgment is against the weight of evidence b. Additional grounds of appeal shall be filed upon receipt of the record of appeal The Appellant did not file additional grounds of appeal and it is therefore considered to be abandoned by the Appellant.
COUNSEL FOR APPELLANT’S SUBMISSION Arguing the appeal per written submission filed on 30th August, 2023 Counsel for the Appellant stated “the ground of appeal being the judgment is against the weight of evidence” and cited the cases of Tuakwa vs. Bosom [2001 -2002] Supreme Court of Ghana Law Report (SCGLR) 61 and Ago Sai vs. Kpobi Tetteh Tsuru III [2010] SCGLR