DR. PHILIPS ADWEY KPOGO v. NARKI AGBO KABU & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- C. J. HONYENUGA, J.A. (PRESIDING)
- S. K. GYAN, J.A.
- G. S. SUURUBAREH, J.A
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellate court reversed the trial court's dismissal of the plaintiff's claims and found that the plaintiff had proven his title to the disputed land. The defendants, who were mere caretakers, failed to prove their claims of ownership or fraud. Therefore, the appellate court set aside the trial court's judgment, dismissed the defendants' counterclaim, and entered judgment in favor of the plaintiff for the reliefs claimed.
HONYENUGA, JA
This is an appeal by the plaintiff/appellant (hereinafter called the plaintiff) against the judgment of the Circuit Court, Agona Swedru dated the 4th day of April, 2008. The said judgment dismissed the claim of the plaintiff as against the defendants/respondents (hereinafter called the defendants) costs of GH¢500.00 was awarded against the plaintiff.
The facts of this appeal are that the plaintiff acquired a lease of a piece or parcel of land from the Regent of Gomoa Nyanyano for 99 years. The plaintiff registered his land but the 1st and 2nd defendants trespassed into the land and claimed ownership of same. The defendants contended that the plaintiff exceeded the four acres of land granted to him and that he rather trespassed into their land which they had granted to the 3rd – 8th defendants. The plaintiff therefore issued a writ of summons which was later amended together with a statement of claim which was also amended. He claimed as follows:-
“i. A declaration of title to all that piece of parcel of land situate, lying and being at Gomoa Nyanyano Kakraba/Bantama and bounded on the North-East by the grantor’s land measuring 865 feet more or less on the South-East by the grantor’s land measuring 7111/2 feet more or less on the South-West by the grantor’s land measuring 582 feet more or less and covering and approximate area of 32.27 acres.
ii. An Order for recovery of possession of the said land.
iii. Perpetual injunction restraining the defendants, their agents, workmen, servants, personal representatives and assigns from developing the land in dispute or any parts thereof and from making any claims of ownership thereto.
iv. General damages for trespass”.
The defendants filed a statement of defence and counterclaimed as follows:-
“1. Declaration of title to all that piece of parcel of land claimed in paragraph 1 of the statement of claim by plaintiff.
2. Damages for trespass.
3. Perpetual injunction against the plaintiff, his heirs, assigns, representatives, executors, agents and those claiming through or in trust for him”.
The plaintiff filed a reply and defence to counterclaim and thereafter the following issues were agreed and taken during Summons for Directions:-
“(a) Whether or not the plaintiff is the owner in possession of all that piece or parcel of land, the subject matter of this suit.
(b) Whether or not the defendants have trespassed thereto.
(c) Whether or not the plaintiff has suffered damage as a result of the