EBENEZER KWAKU & ORS v. MANKRALO TETTEH OTIBU IV

The Ghana Court of Appeal, per I. O. Tanko Amadu J.A., affirmed a High Court (Land Division), Tema decision awarding title over 23,552.27 acres in Osudoku to the Gbesekponor Dongotsonya Zaindor family and rejecting counterclaims by members of the Gbesedorm family. The 1st and 2nd Defendants challenged the trial court’s reliance on Plaintiff’s site plan (Exhibit ‘A’), admission of an extract of the Jackson Commission proceedings (Exhibit ‘B’), findings on identity and boundaries, and the conclusion that they occupied portions at Mueter and Luom by permission as licensees, notwithstanding longstanding possession. The appellate court struck out two non-compliant grounds but addressed their substance under the omnibus “against the weight of evidence” ground, re-evaluated the record, and held LI 1444 inapplicable to admissibility, treated the site plan as an ancient document under the Evidence Act, accepted the Jackson extract’s relevance, found identity sufficiently proved, and concluded no limitation defence was pleaded. The appeal was dismissed; damages and injunction awarded by the High Court stood, with concurrences by F. Kusi Appiah J.A. and B.F. Ackah-Yensu J.A.