BANGA AND OTHERS v. DJANIE AND ANOTHER

This appellate decision concerns a title dispute over Agyirigano land at Teshie, initiated in 1969 by Madam Emily Djanie (later substituted by Divine Djanie and Evelyn Adei Archer) against Odai Banga and E. Akpo Mensah (later replaced by Seth Laryea), with J. S. Laryea joined as co-defendant. The High Court granted relief to the plaintiffs, but the defendants appealed. Lamptey J.A., writing the leading judgment, held that no counterclaim existed and reaffirmed the Kodilinye v. Odu principle that a plaintiff must prove title on the strength of her own case. The court found the plaintiff’s traditional narrative inconsistent with her pleadings and unsupported by acts of possession, while defendants’ traditional evidence—bolstered by long occupation, alienations, and recognition of Odaiteitsewe headmen—was more probable. Documentary materials (Civil Service and Chiefs’ lists, and Ga Kanemo Wolo II) corroborated Teshie’s historic acquisition of rural lands from Nungua. Francois J.S.C. and Ampiah J.A. concurred, emphasizing the heightened burden of proof and the need to identify land through boundary owners. The appeal was allowed, the trial judgment set aside, and judgment entered for the defendants.