Ernestina Opokuah v. Adjoa Nyamekye & ANOR
2018
COURT OF APPEAL
GHANA
CORAM
- M. Owusu, (J.A.) - Presiding
- Lovelace-Johnson, (J.A.)
- Kwofie, (J.A.)
Areas of Law
- Evidence Law
- Property and Real Estate Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a dispute over a piece of land in Accra between the plaintiff and the 1st defendant, who both claim ownership. The High Court dismissed the plaintiff's claim and ruled in favor of the 1st defendant. The plaintiff appealed on several grounds, including the weight of evidence and errors in the trial judge's reliance on a surveyor's report. The Court of Appeal reviewed the entire record of appeal, evaluating the evidence and legal principles. The appellate court dismissed the appeal, affirming the High Court's judgment and concluding that the plaintiff failed to prove ownership or fraud. The court emphasized principles such as the burden of proof in land title disputes and the requirement of proof beyond a reasonable doubt for allegations of fraud.
MARIAMA OWUSU, J. A. :
On 3rd May, 2017, the High Court, Accra, dismissed plaintiff’s claim against defendants and entered judgment for the 1st defendant on her counterclaim.
In her judgment, the trial judge held among other things as follows: “Upon the totality of the evidence adduced before the Court, therefore, I find that the Plaintiff has failed to establish her claims against the Defendants.
Her claims are accordingly dismissed.
I find that the 1st Defendant is entitled to judgment on her counterclaim, having established same.
Accordingly, Judgment is entered for the 1st Defendant against Plaintiff on her counterclaim.
The 1st Defendant is to recover from the Plaintiff any piece or parcel of land covered by Land Certificate Number GA 16344 in the possession of the Plaintiff.
I award Damages for trespass in the sum of GH₲ 8, 000 against Plaintiff and in favour of the 1st Defendant…”Dissatisfied with the decision of the trial court, the plaintiff mounted this appeal on the following grounds:
(i) The judgment is against the weight of evidence adduced.
ii) The trial judge erred when he accepted and relied on the report of the Surveyor despite her findings that same was fraught with inconsistencies.
iii) The trial judge erred when she held that the Plaintiff/Appellant failed to establish her ownership of the land in dispute.
iv) The trial judge erred when she held that the land assigned to the Plaintiff/Appellant by her Assignor was materially distinct from that which was owned by her Assignor.
v) The trial judge erred when she held that despite the back-dating of the Land Title Certificate of E. K. Tweneboah same was not fraudulently procured.
vi) Further grounds of appeal to be filed on receipt of the Record of Appeal.
The relief sought from the Court of Appeal is for an order reversing the judgment of the Trial Court.
Before dealing with arguments advanced in support and against this appeal, I will give a brief background of the case.
By her amended Writ of Summons, the plaintiff claims against the defendants jointly and severally for:
1. An order of the Court to dismiss 1st defendant’s Defence and Counterclaim because she had already claimed the same piece of land in the High Court and lost and appealed to the Court of Appeal in 2007.
2. A consequential order that the Land Title Certificate number GA 16344 should be cancelled by this Honourable Court.
3. A further order compelling the 2nd defendant to register the instrument alre