Ibrahim Issah v. Billy Ananful & ANOR

This Court of Appeal decision, authored by Justice Mariama Owusu, concerns a land title and trespass dispute at Ayawaso, Accra between the plaintiff, later identified via survey materials as Ibrahim Issah, and the defendant and co-defendant, Yaw Sasu. The Circuit Court declared the disputed land the plaintiff’s property, dismissed the co-defendant’s counterclaim, awarded damages for trespass, granted possession and a perpetual injunction, and awarded costs. On appeal, the appellants challenged the judgment as against the weight of evidence, argued that gridlines on site plans showed different locations, and contended the plaintiff’s grantor (PW1) was unreliable. The appellate court relied on a composite survey plan (Court Exhibit 1) prepared by the Regional Surveyor showing the co-defendant’s site plan lay about 40 feet west of the ground claim and had no direct relationship to it, and emphasized the appellants’ failure to cross-examine the surveyor or call their grantor. Applying established principles on burden of proof in counterclaims, conclusive presumptions under the Evidence Act, and deference to trial court credibility findings, the court dismissed all grounds of appeal, affirmed the trial court’s judgment, and awarded costs of GH¢1,000 to the plaintiff.