EBUSUABATAN MUSTAPHA AMOAKWA vs BOALEY @ YENE WOSERE KWA & ORS

SOPHIA R. BERNASKO ESSAH (MRS) JA:

This is an appeal by the Plaintiff/Appellant (hereafter “Plaintiff”) against the judgment of the High Court, Cape Coast, dated 31st January, 2023, by which the learned trial judge dismissed the Plaintiff’s action and entered judgment for the Defendants/Respondents (hereafter “the Defendants”).

The grounds of appeal were framed as follows:

1. The judgment is against the weight of evidence adduced at the trial.

2. That the trial judge erred by holding that the land in dispute formed part of the land acquired by the Government from Plaintiff’s family.

3. Additional grounds to be filed upon receipt of the certified true copy of the Record of Appeal.

No further grounds of appeal were filed.

1. PROCEDURAL HISTORY

By a writ of summons issued on 3rd March, 2022, the Plaintiff, describing himself as the Ebusuabatan of the Egyir Ansah Royal Ebiradze family of Abura, Cape Coast, sued the Defendants for the following reliefs:

1. A declaration that all that piece or parcel of land located at Abura in the Cape Coast Metropolis, bounded by the Abura Roman Catholic School, the Cape Coast Jukwa road, a gutter and the Abura Roman Catholic School road, on which the Defendants have placed metal containers and other temporary structures, form part of the Plaintiff’s family land.

2. An order directed at the Defendants to remove their metal containers and other temporary structures from the land particularly described in Relief 1.

3. A perpetual injunction restraining the Defendants, their agents, assigns, workmen, privies and all persons claiming through them from siting their metal containers, temporary structures on the Plaintiff’s family land or otherwise interfering with the Plaintiff’s family’s use of the described in Relief 1.

4. Damages for trespass to property.

5. Costs and any further relief as the court may deem fit.

(a) Plaintiff’s case

The Plaintiff’s case was that he is Ebusuabatan of the Egyir Ansah Royal Ebiradze family of Abura, Cape Coast, and commenced the action with the consent of the principal members of the family. He contended that the family owns a large tract of land at Abura, including the land in dispute. The erstwhile head of family, one Kobina Issakah (a.k.a. Ishaque Shaibu), incurred the displeasure of the family by allegedly conniving with third parties to indiscriminately alienate family lands, and was therefore removed as head of family.

He further contended that som