DR. EBENEZER BADOE v. EDWARD FRIMPONG
2016
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU JA (PRESIDING)
- ADUAMA OSEI JA
- TANKO AMADU JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court gave judgment for the plaintiff, finding that he legally acquired and took possession of the disputed land, whereas the defendant's actions amounted to trespass. The defendant's appeal, which challenged the procedural correctness of the default judgment and sought a trial on merits, was dismissed by the appellate court. The court found the defendant's arguments unconvincing, upheld the High Court's rulings, and confirmed that the land title lawfully belonged to the plaintiff, supported by valid documentation and compliance with legal procedures.
MARIAMA OWUSU, J.A.:
On 17-4-2008, the High Court, Accra gave judgment for the plaintiff.
The court held that: “From the evidence on record, I find that the plaintiff herein in the year 2005 acquired the land in dispute from DR. T. A. Osae and Mr. E. A. Afutu joint heads and lawful representatives of the Osae family of Otinshie Bendzi family Union of Teshie, Accra.
This is supported by Exhibit “A” a deed of lease executed in favour of the plaintiff and duly registered.
I also find that the plaintiff herein went into possession of the disputed land by erecting corner pillars thereon.
I find also that the defendant without the consent of the plaintiff went into the land and started building thereon.
I hold that the action of the defendant amounts to trespass on the land.
Form the totality of the evidence on record.
I hold that title to the land rest on the plaintiff.
I therefore enter judgment for the plaintiff in respect of all the reliefs endorsed on his writ of summons.
I award the plaintiff the sum of GH¢1,000.00 as general damages against the defendant.
Defendant is also perpetually restrained from laying claim or building on the land forthwith.
I award cost of GH¢500.00 to the plaintiff against the defendant.” Dissatisfied with the decision of the High Court, the defendant appealed to this court on the ground that:
a. The learned trial Judge erred when he refused to set aside the default judgment obtained by the plaintiff on the 17th April, 2008 and allowing the matter to be heard on its merits.
The defendant also indicated in his Notice of Appeal that additional grounds of appeal shall be filed upon receipt of the judgment.
Let me put it on record at this stage that no such additional ground/s of appeal were filed.
Before dealing with the arguments canvassed in support and against this appeal, I will give a brief background of this case.
The Plaintiff/Respondent (hereinafter referred to as Respondent) by his writ of summons claims against the Defendant/Appellant (hereinafter referred to as Appellant), the following reliefs:
“a. A declaration of title to all that piece or parcel of land situate lying and being at Otinshie Residential Area, East Legon-Accra and bounded on the North- West by a road measuring 199.1 feet more or less North-East by lessors land measuring 102.1 feet more or less on the South East by lessors land measuring 195.9 feet more or less and on the South- West by lessors land measuring 98.8 feet more or less enclosi