EBENEZER KWAKU & ORS v. MANKRALO TETTEH OTIBU IV
2019
COURT OF APPEAL
GHANA
CORAM
- F. KUSI APPIAH J.A (PRESIDING)
- B.F. ACKAH-YENSU J.A
- I. O. TANKO AMADU J.A
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal was brought against a High Court judgment favoring the Plaintiff, who claimed title to 23,552.27 acres of land. The lower court dismissed the Defendants' counterclaims, who alleged ownership of a smaller parcel within the same area. The Trial Court's findings were reviewed by the Appellate Court, which upheld the High Court's judgment, confirming that the Plaintiff established a more credible ancestral claim to the disputed land. The Defendants' claims regarding the admissibility of certain evidence and procedural errors were dismissed.
TANKO AMADU J.A
(1) This appeal is from the judgment of the High Court (Land Division) Tema, dated the 6th day of February, 2017 In the High Court, the Plaintiff/Respondent (hereinafter referred to as Plaintiff) sought against the Defendants/Appellants (hereinafter referred to as Defendants) the following reliefs:-
“a) Declaration of title to the land measuring 23,552.27 Acres being
the property of Gbesekponor Dongotsonya Zandor family situate
at Osudoku.
b) Damages for trespass to the family land.
c) Perpetual Injunction”.
(2) The 1st Defendant denied trespassing on the Plaintiff’s land and counterclaimed as follows:-
“1) Declaration of title to all that piece or parcel of land commonly
known as and called Zaindor Kpongua comprising Mineyosi Teye Kwame, Mueter and Luom covering a total area of 14,06 square miles lying on both sides of the Akosombo-Afinya Tema High way and bounded by the Zaindor and Gbesekponor family lands and particularly described in the schedule contained in a statutory declaration dated 3rdAugust 1977 and registered as Lands Registry No/4206/77 as Gbesedorm family land.
Damages for trespass.
An order for recovery of possession of all portions of the land in
dispute granted by the Plaintiff without the consent or authority of
the Defendants family.
and assignor for interfering with the Defendants family right of
ownership over the land.
The 2nd Defendant in his Statement of Defence (page 39 of the record) averred that he is the head of Gbesedorm family of Osudoku and further to his defence, counterclaimed for the following reliefs:
“(a) Declaration of title to all the piece of parcel of land at a place
commonly known as and called Zaindor Kpongua Comprising Mueyosi Teye Kwame, Mueter and Luom covering a total ‘area of 14.06 Sq. miles lying on both sides of the Akosombo-Afienya-Tema Highway and bounded by the Zaindor Streem, Shai Hills, Dokutse Petey’s lands, Akorli lands, Yilo Koobo lands and Gbese Kponor family lands and particularly described in the schedule contained in the statutory declaration dated 3rd August 1977 and registered as Land Registry No.4206/77 as Gbesedorm family land.
(b) An order for refund of the rent paid to him by various occupies
on the land.
(c) An order for recovery of possession of all portions of the land
in dispute granted by the Plaintiff without the consent or authority of the Co-Defendant.
(d) An orde