EFFIDUASE STOOL v. MPONUA STOOL
2018
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU (J.A.) – PRESIDING
- KWOFIE (J.A.)
- GAISIE (J.A.)
Areas of Law
- Evidence Law
- Civil Procedure
- Property and Real Estate Law
- Contract Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal was against the High Court, Kumasi decision which ruled in favor of the plaintiff stool on ownership and injunction over certain lands, awarding GH¢40,000.00 damages and GH¢10,000.00 cost. The defendant challenged the judgment on grounds of improper evidence evaluation, excessive damages, and wrongful capacity of the linguist to testify. The court upheld the capacity of the linguist to testify, found the judgment not against the weight of evidence, but reduced the damages awarded to GH¢10,000.00. Several previous cases were referred to in supporting the decisions, and documentary evidence was deemed more reliable than oral evidence in establishing ownership.
JUDGMENT
MARIAMA OWUSU, J.A.:
This is an appeal against the judgment of the High Court, Kumasi dated 29th March, 2017. In the said decision, the court entered judgment for the plaintiff Stool on all the reliefs endorsed on its writ of summons. It also awarded GH¢40,000.00 general damages in favour of the plaintiff against defendant and Gh¢10,000.00 cost in favour of the plaintiff against defendant.
Dissatisfied with the decision of the trial Judge, the defendant appealed on the following grounds:
i. The judgment of the court below was against the weight of evidence.
ii. The weight of evidence did not support the conclusion of the court below decreeing the reliefs sought by the plaintiff/respondent in its favour. The failure of the court below to properly, dispassionately, fairly and validly evaluate the evidence before it occasioned the defendant/appellant substantial miscarriage of justice amounting a denial of justice.
iii. The judgment is very subversive of the ancient well-established constitutional order and hierarchy of chiefs pertaining to the defendant/appellant stool.
iv. The judgment is a recipe for chaos and contrary to the pristine constitutional and customary, order long established and prevailing in Effiduase long before the establishment of colonial rule in the Gold Coast and the annexation of Asante by the Imperial Government of Great Britain upon the conquest of Asanteman in 1900 and indeed a veritable judicial coup d’tat in so many words.
v. The GH¢40,000.00 damages awarded were arbitrary excessive and unreasonable in the circumstances
vi. The cost awarded is also excessive, prohibitive and unreasonable in the circumstances.
vii. Additional grounds of appeal will be filed upon receipt of the full record of proceedings.
The relief sought from the Court of Appeal is:
“An order reversing the judgment of the court below dated 29th March, 2017 and non-suiting the plaintiff in respect of all the reliefs endorsed on the writ of summons and the plaintiff/respondent mulched in exemplary and punitive costs.”
Before dealing with the arguments canvassed in support and against this appeal, I will give a brief background of the case.
The plaintiff/respondent stool hereinafter referred to as plaintiff by its writ of summons claims the following reliefs:
“1. A declaration that plaintiff stool owns all that land starting from river “efi-efi” and “adawua” confluence Southward and to the right side up to the boundary with Juabeng Stool down t