EUGENIA AKWETTEH v. KOFI BAAH & ORS
2018
COURT OF APPEAL
GHANA
CORAM
- C. J. HONYENUGA JA (PRESIDING)
- AVRIL LOVELACE-JOHNSON JA
- S. G. SUURBAAREH JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court's decision in favor of the plaintiff, who claimed title to a disputed piece of land inherited from her late father, was affirmed on appeal. The defendants, who were tenants refusing to pay rent, argued unsuccessfully that earlier court judgments barred the plaintiff's claims. The appellate court found no empirical error or misjudgment in the trial court's findings. Allegations of fraud by the defendants were supported by evidence beyond a reasonable doubt, and the plaintiff's title was upheld. The appeal was dismissed, affirming the trial court's dismissal of the defendants' counterclaims.
JUDGMENT
HONYENUGA, JA
On the 31st day of July 2012, the High Court, Fast Track Division, entered judgment for the plaintiff upon his claim and dismissed the counter claim of the defendants and the co-defendants.
Dissatisfied with the decision of the High Court, the defendants/appellants and the 1st and 2nd co-defendants/appellants at page 403 of the record of appeal filed an appeal to this court based on the following grounds:-
“(a) The judgment is against the weight of evidence adduced at the trial.
(b) The court erred when it disregarded the fact that the plaintiff’s title to the disputed land lapsed in 2005 at the instance of the Lands Commission.
(c) The judge’s failure to let the parties furnish the court with the respective addresses amounted to a grave miscarriage of justice.
(d) Additional ground of appeal will be filed upon receipt of copies of the judgment and record of proceedings”.
Another notice of appeal was filed by the appellants on page 405-406 of the record of appeal but learned counsel for the appellants abandoned same without any reference to same in his submissions.
However, on the 22nd April, 2014, the appellants filed additional grounds of appeal thus:-
“That the learned trial judge erred when he held that the judgment tendered in evidence by the appellants cannot be relied upon as creating estoppel per rem judicatam whether in respect of issue, subject matter or parties against the respondent.
The learned trial judge erred by not using an empirical means to ascertain the true description of the land in dispute but only used the names of the land as a description”.
Before dealing with the written submissions as filed in support and against this appeal I will give a brief background leading to this case. The plaintiff/respondent would be simply referred to as the plaintiff, the defendants/appellants as the defendant and the 1st and 2nd co-defendants/appellants as the 1st and 2nd co-defendants.
The plaintiff claimed ownership to the disputed land by virtue of a devise made to her and other siblings as beneficiaries of their late father’s Estate who died testate.
The beneficiaries obtained Vesting Assent over the properties devised to them by their late father Felix Joshua Brenya who acquired the land in 1959 through various leases and subsequent outright purchase. The plaintiff’s father established various businesses on the land including Ghana Egg Farm Limited and Ghana Poultry Feed Mills which became popularly known as