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
- Property law
- Civil procedure
- Evidence law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court ruled in favor of the plaintiff/respondent regarding ownership of land. The defendants/appellants appealed, arguing the judgment was against the weight of evidence and wrong in law. The appellate court reviewed the evidence, upheld the trial courts decision, and dismissed the appeal.
J U D G M E N T
MARIAMA OWUSU, J.A.:
On 10-1-2012, the High Court, Accra, gave judgment for the plaintiff/respondent in this case as follows:
“1. The plaintiff is declared owner of all that piece and parcel of land known as Plot No. C 28/3 Farrar Avenue, Adabraka.
2. The defendants having denied the title of the plaintiff are to be ejected forthwith but the court will temper justice with mercy and give them a reasonable period of six [6] months from the date judgment is read to deliver vacant possession of the land to the plaintiff. They should leave on or before 9th July 2012.
3. The defendants, their agents, workmen, apprentices etc are hereby restrained from entering the land or carrying out their trade on the land after 9th July 2012.
4. Cost of GH¢2,000.00 each is hereby awarded against 1st and 2nd defendants.
Cost of GH¢5,000.00 is awarded against the 4th defendant Julius Lantey Nanka Bruce.”
Dissatisfied with the decision of the High Court, the defendants/appellants appealed to this court on the following grounds:
a. The whole judgment of the court is against the weight of evidence.
b. The judgment is wrong in law.
c. The learned Judge erred when she failed to consider the case of the defendants.
d. The Judge erred when she concluded that the land the subject matter of the suit was that which was devised to the plaintiff’s uncle in the Will of Justice Akiwumi.
e. The Judge erred when she held that the statutory declaration made by the plaintiff gave her title to the land.
f. Additional grounds may be filed on receipt of the record of proceedings from the trial Court.
The relief sought from this court;
That the Judgment be set aside together with all the costs awarded against the defendants/appellants.
Before dealing with the arguments canvassed in support or against the appeal, I would give a brief background of this case.
The plaintiff/respondent issued a writ of summons for:
a. Declaration of title to all that parcel and or piece of land known as Plot No. C28/3, Farrar Avenue, Adabraka bounded on the East by property of G.A. Lutterodt measuring 116 feet more or less on the West by a road measuring 109.5 feet more or less on the North by property of Moses Bella and J.A. Garshong measuring 105 feet more or less and on the South by the property of A. M. Akiwumi, deceased measuring 110 feet more or less covering a total area of 0.29 acre.
b. Recovery of possession of the said land.
An Order of Perpetual Injunction restraining