2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision, authored by Justice Samuel K.A. Asiedu with Justices Angelina M. Domakyaareh (presiding) and A.B. Poku-Acheampong agreeing, arises from a land dispute over Plot No. 219, Block E, Sector 2 in Wenchi. The Plaintiff/Appellant, claiming a replacement allocation after being prevented from developing her original plot, sued for declaration of title, trespass damages, and an injunction when the Defendants built on the plot; the 1st Defendant counterclaimed for damages after the Plaintiff demolished a structure and a water tank. On appeal, the court held the trial judge erred by obtaining and considering a private report from the Municipal Planning Officer, rather than calling the officer as a witness under the Evidence Act or Courts Act. Nonetheless, the Court of Appeal found the Plaintiffs proof—an unsigned, uncertified site plan and property rate receipts—insufficient to establish title. The estoppel claim failed. The appeal was dismissed; the High Court judgment was set aside; costs were awarded to the Plaintiff/Appellant.
ASIEDU, JA.
My lords, on the 8th day of November 2012, the Plaintiff/Appellant in this matter issued a writ of summons against the Defendants/Respondents at the High Court, Wenchi, in the then Brong Ahafo Region, claiming jointly and severally against the Defendants/Respondents:
a. A declaration of title and possession of all that Plot No. 219 Block E Sector 2, Wenchi.
b. General Damages for trespass.
c. An order of perpetual injunction restraining the Defendants, their agents, workmen, assigns from howsoever interfering with the Plaintiff’s title and possession of the said plot of land.
After entering Appearance, the 1st Defendant/Respondent included in their joint statement of defence a counterclaim for
a. Damages for the water tank, cement blocks and structure put up by the 1st Defendant on the disputed plot which the Plaintiff has destroyed.
b. Costs.
At the end of the hearing, the learned High Court Judge dismissed the claims of the Plaintiff as well as the counterclaim filed by the 1st Defendant in a judgment delivered on the 7th November 2019. It is against this judgment that the Plaintiff/Appellant filed an Appeal on the 10th January 2020 seeking an order from this court to set aside the Judgment of the trial High Court and also for judgment to be delivered in her favour. The relief sought by the Plaintiff/Appellant herein is based on basically two grounds of appeal set out in the notice of appeal which are that:
a. The judgment is against the weight of evidence adduced at the trial
b. The judge erred in law when he resorted to extrinsic evidence not before him in his evaluation of the Plaintiff’s case.
Particulars of the alleged error have been provided by the Plaintiff/Appellant. The Plaintiff/Appellant also indicated that additional grounds of appeal will be filed upon receipt of the record of proceedings but no such additional grounds was actually filed by the Plaintiff/Appellant.
Unfortunately, notwithstanding the service on the Defendants/Respondents of the Plaintiff/Appellant’s written submission filed on the 13th day of July 2020, the Defendants/Respondents failed to file their written submissions in accordance with the requirement of rule 20 (4) of the Court of Appeal Rules, 1997, CI.19 which provides that:
“(4) A party on whom an appellant’s written submission is served shall, if that party wishes to contest the appeal, file the written submission in answer to the appellant’s written submission within twenty-one days of the s