GEORGE PERIGRINO NELSON v. ARABA ODOOM
2021
COURT OF APPEAL
GHANA
CORAM
- L. L. MENSAH J.A (PRESIDING)
- MERLEY A. WOOD (MRS) J.A
- ERIC BAAH J.A
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal considered an appeal arising from the High Court, Accra (Land Division), which had dismissed a land title, possession, trespass, demolition, injunction, and costs action brought by the Plaintiff relating to Bortianor Stool land granted by Chief Nii Ogbarmey Ankonam I. The Plaintiff alleged prior possession, installation of caretaker Akwasi Antwi, and acts of entry and demolition by the Defendant; the Defendant asserted a 2006 stool grant via the Dzasetse and acting Mantse Nii Akotey IV, referencing SSNIT and Baseline Solutions. On appeal, the Respondent raised preliminary defects that the record contained no proceedings evidencing oath-taking or adoption of witness statements. Applying Order 38 of CI 47 and sections 61 and 179 of NRCD 323, the Court held there was no trial below; the judgment was a nullity. The appeal was dismissed, the High Court’s judgment set aside, and the matter remitted for a de novo trial.
MERLEY A. WOOD, J.A
This appeal is against the judgment of the High Court, Accra (Land Division) delivered on 11th July 2019 in which the trial Judge dismissed the Plaintiff’s claim. Dissatisfied with the judgment of the Court, the Plaintiff/Appellant has mounted this appeal per a Notice of Appeal filed on 8th August 2019. The grounds of appeal set out in the Notice of Appeal are as follows:
A. The learned trial judge erred in law in dismissing the claims of Plaintiff.
Particulars of error
1. The learned trial judge took into consideration irrelevant matters to this action that made him dismiss the claims.
2. The (sic) was no issue of priority of grant before the learned trial judge.
3. There was no issue of limitation of action before the learned trial judge.
4. The land in dispute is indisputably part of Bortianor Stool land.
5. The chief of Bortianor is indisputably Nii Ankonam Ogbamey I since 1993.
6. The said Nii Ankonam Ogbamey I is still alive.
B. The learned trial judge erred in law in referring to the issues adopted for trial and the Statement of Defence of the Defendant in evaluating the case of the Plaintiff.
Particulars of Error.
1. The learned trial judge had struck out the Statement of Defence of the Defendant.
2. There was no Statement of Defence to refer to.
3. The issues adopted for trial was (sic) moot after the striking out of the Statement of Defence of the Defendant.
C. The judgement is against the weight of evidence before the learned trial judge;
D. Additional grounds of appeal with leave of the Court of Appeal or the High Court will be filed on receipt of a copy of the Record of Appeal or otherwise.
The reliefs sought from the Court of Appeal are the following:
a. An order setting aside or interfering with the judgment that dismissed the claims of the Plaintiff; and
b. A further order granting the claims of the Plaintiff.
It is noted that no additional grounds of Appeal were filed.
The antecedents of this case are that the Plaintiff on 26th September 2018 caused a Writ of Summons and a Statement of Claim to be issued out of the Registry of the High Court against the Defendant for the following reliefs:
a. A declaration of title to the land covered by his indenture dated 15th day of January 2006 and described in paragraph 5 above.
b. Further or in the alternative to a) a declaration that he the Plaintiff is better entitled to the possession of the land in dispute more than the Defendant.
c. Damages fo