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FELICIA ADAMS & ANOTHER v. FUSEINI ALHASSAN BAAKO

2021

COURT OF APPEAL

GHANA

CORAM

  • OFOE, J.A
  • BARTELS-KODWO,J.A
  • BERNASKO ESSAH, J.A

Areas of Law

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

AI Generated Summary

In the Ghana Court of Appeal, Justice Victor Ofoe authored a unanimous judgment focusing on the identity of land at the Kambero Residential Area, Tamale. The plaintiff claimed plot No. 52, tracing title through Seidu Mahama and the Kpambegu Chief, with a lease from the Lands Commission, and sought declarations and injunctions after finding a building on the supposed plot. The defendant asserted she occupied plot No. 405, obtained through Fuo Gbanglana. Technical evidence was pivotal: surveyor Alhassan Gibrim prepared a composite plan confirming plot No. 52 is distinct and vacant while plot No. 405 exists with the defendant’s building; Town and Country Planning officer Adam Awal corroborated that 405 is not on the scheme but exists on the ground. The trial court’s conclusion equating the plots and faulting defendant’s grant was unsupported. The Court of Appeal set aside the trial orders and granted the defendant’s counterclaim with specified refunds; the appeal succeeded.

JUDGMENT