2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision concerns a land dispute at Asukesease-Obosomase-Akuapem between a plaintiff who purchased two adjacent plots from the Akua Donkor family in 2004 and a defendant who claimed that the plots fell within her 16.06-acre tract acquired from the Asona family in 2001. The High Court granted the plaintiff reliefs and dismissed the defendant’s counterclaim; the defendant appealed on multiple grounds, including the weight of evidence, survey discrepancies, and refusal to visit the locus. Relying on a court-appointed surveyor (CW1)’s composite plan and Exhibit CE1/CE4, the Court of Appeal held that the defendant’s 2001 land is located far from the disputed area and that her 2010 GPS plan covered a different tract. The court rejected arguments grounded in arbitration and an earlier Circuit Court case, found trespass established by pillars placed on the plaintiff’s land, and affirmed the judgment, dismissing the appeal.
ANTHONY OPPONG JA:
The plaintiff/Respondent( hereafter to be referred to as plaintiff for the purposes of this judgment) acquired two parcels of land from Akua Donkor family through Kwaku Kwakye, the head of the said family on or about 14th September 2004. The two plots of land were adjacent each other. They were both situate at Asukesease- Obosomase-Akuapem. The two parcels of land were duly registered in 2005.
In August 2011, plaintiff claimed the defendant/respondent
(hereinafter to be designated as defendant for the purposes of this judgment) trespassed unto the land and all his efforts to abate the trespass failed, hence the institution of the suit at the trial High Court whereby the plaintiff sought the usual reliefs of declaration of title to the respective two plots, recovery of possession, damages for trespass and perpetual injunction.
Defendant challenged the plaintiff’s claim of title to the parcels of land. She claimed to have acquired 16.06 acre land (inclusive of the land plaintiff is claiming) at Obosomase in the Akuapem Traditional Area from Asona Family of Obosomase through Francis Adu Amankwa, the head of family. Defendant who passed away in the course of the pendency of the case at the trial court and was duly substituted by her husband counterclaimed for declaration of the 16.06 acre land and the ancillary reliefs of recovery of possession, damages for trespass and perpetual injunction.
After the trial of the case the learned trial high court judge dismissed the counterclaim of defendant and substantially entered judgment in favour of plaintiff. Defendant expressed dissatisfaction of the judgment and accordingly filed an appeal. The grounds of appeal are:
a. The judgment is against the weight of evidence
b. The Court below erred in holding that the plaintiff’s land was in a different location from the defendant’s land in Suit No. C1/24/05, Circuit Court, Akropong Akuapem when there was overwhelming evidence on the record such as the evidence of the Court appointed Surveyor, CW1, that the Defendant’s pillars were on the same land, the plaintiff’s vendor being Kwaku Kwakye, the breaking down of the plaintiff’s pillars on the land by the defendant’s agents which show clearly that as between the two parties the identity of the land was not in dispute.
c. The court erred in holding that because the site plan, Exhibit 2, done with compass and tape showed a different location, the fact that Exhibit 8 done with GPS on the same land the