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BERNICE AKIWUMI v. KOFI ANIM & OTHERS

2012

COURT OF APPEAL

GHANA

CORAM

  • M. OWUSU, J.A. (PRESIDING)
  • P. GYAESAYOR, J.A.
  • S. DZAMEFE, J.A

Areas of Law

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

AI Generated Summary

This Court of Appeal decision arises from a land dispute over Plot No. C28/3, Farrar Avenue, Adabraka, Accra. The plaintiff, identified in the record as Bernice Olabisi Akiwumi, traced title through her grandfather, Justice Augustus Molade Akiwumi, via a 1928 indenture from James Daniel Garshong, a 1977 will devising the land to Dr. Akiwusi Abiola Akiwumi, and a vesting assent transferring the interest to her. She and her predecessors exercised acts of ownership, including renting to artisans and paying property rates. The 1st–3rd defendants were artisans who entered the land through their deceased master, and the 4th defendant, Julius Lantey Nanka Bruce, claimed family ownership without probative documentation. On appeal from the High Court’s judgment for the plaintiff, the Court of Appeal reviewed the record, preferred corroborated documentary proof and rent receipts over bare assertions, held the defendants were bare licensees whose licence had been revoked, rejected claims of legal error and misidentification of the land, and dismissed the appeal, affirming the High Court.

JUDGMENT