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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

  • Property and Real Estate Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

Effiduase Stool appealed the High Court, Kumasis judgment that granted all reliefs to Mponua Stool over a defined tract of land and awarded GH240,000 general damages and GH10,000 costs. The Court of Appeal, per Mariama Owusu, J.A., addressed multiple issues: the capacity of the Mponua senior linguist (Okyeame) to testify, admissibility of CDs referenced but not tendered, competence of additional grounds, weight of evidence based on conflicting traditional histories, damages, costs, and alleged prior arbitration before Mampong elders. Applying the traditional evidence test from Adjeibi-Kojo and corroborating with recent acts and authentic documents (plans and revenue-sharing agreements signed by Effiduasehene and Mponuahene), the court affirmed Mponuas title. CDs appended to submissions were expunged under Rule 26. It struck out argumentative grounds, allowed additional grounds since respondent had answered, reduced damages to GH10,000 as nominal, upheld costs, and rejected res judicata based on unproven arbitration, dismissing the appeal except for the damages reduction.

JUDGMENT