HYDRAFOAM ESTATE LTD v. MR. KUMNIPA & ANOTHER
2015
SUPREME COURT
GHANA
CORAM
- ATUGUBA JSC (PRESIDING)
- ANSAH JSC
- DOTSE JSC
- ANIN YEBOAH JSC
- AKOTO BAMFO (MRS) JSC
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court dismissed the plaintiffs' appeal, affirming the decisions of both the High Court and the Court of Appeal. The key issues involved the admissibility of evidence from public records, the burden of proof regarding ownership and trespass, and the damages awarded. The Court of Appeal's judgment affirmed that the defendant's title was valid despite the plaintiffs' challenge, and the Supreme Court found no compelling reason to disturb the concurrent findings of fact by the lower courts.
JUDGMENT
DOTSE JSC:
This is an appeal by the Plaintiffs/Appellants/Appellants, hereafter referred to as the Plaintiffs, against the unanimous judgment of the Court of Appeal rendered on the 31st day of October 2013 which dismissed the initial appeal lodged by the Plaintiff’s against the decision of the High Court dated 27th May 2011 which also dismissed the Plaintiff’s action and entered judgment for the 1st Defendant/Respondent/Respondent, hereafter referred to as the 1st Defendant, on his counterclaim as specified in the judgment therein of 27th May 2011.
From the above rendition, what strikes us in the face is the fact that, the Plaintiff’s not only lost the case at the High Court, where judgment was entered on behalf of the 1st Defendant on his counterclaims as specified, but also lost their appeal against the High Court decision to the Court of Appeal. This in effect raises the legal principles involved where a party like the plaintiffs lost the case at both the trial court and the first appellate court which confirms in all material particulars, the findings of fact made by the trial court.
We will revert to the above issues at the tail end of our rendition in this case.
RELIEFS CLAIMED IN THE TRIAL COURT AND BRIEF FACTS OF CASE
By an amended writ of summons in respect of the writ filed on 24/6/2003 the plaintiff on 24th November 2004, pursuant to an order made on 3rd November 2004 amended their writ against the 1st Defendant in the following terms:
i. “Declaration of title to all that piece or parcel of land situate at OkpoiGonno, Accra covering an approximate area of 75.53 acres and bounded on the North West by Aviation highway measuring a total distance of 1525 feet more or less on the North East Central link road measuring a total distance of 280 feet more or less on the East by a proposed clinic and road measuring 2100 feet more or less on the South by an open space measuring 1650 feet more or less on the south East by an open space measuring 8500 feet more or less and on the West by the school measuring 1200 feet more or less.
ii. Recovery of possession of the said land trespassed on by the Defendant.
iii. Damages for trespass
iv. Perpetual injunction to restrain the Defendant whether by himself, his servants or agents or otherwise howsoever from entering or developing the said land.
v. Any further or other reliefs.”
The 1st Defendant also counterclaimed against the plaintiff’s the following reliefs”-
a. “General damages for trespa