KOFI ANSAH & OTHERS v. KWODWO ANHWERE
2013
COURT OF APPEAL
GHANA
CORAM
- ADJEI, J.A. (PRESIDING)
- ACKAH-YENSU, J.A.
- BENSON, J.A
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around a land dispute in Adientem, with both the plaintiff and defendant claiming ancestral ownership. The trial court initially ruled in favor of the plaintiff, awarding title, damages, and injunctive relief. The defendant appealed, citing errors in the trial court's assessment of evidence and findings on title and possession. The appellate court found that neither party could conclusively prove their title based on traditional evidence or possession. As a result, the judgment declaring title in favor of the plaintiff was set aside, but the dismissal of the defendant's counterclaim was upheld, leading to a partial success of the appeal.
J U D G M E N T
DENNIS ADJEI, J.A
The defendant/appellant on 13th December, 2011 filed an appeal against the judgment of the Circuit Court, Takoradi which granted all the reliefs sought by the plaintiff/respondent on his writ of summons. The trial Circuit Court Judge granted for the plaintiff a declaration of title to the disputed land, GH¢1500.00 as general damages for trespass, recovery of possession and an Order for permanent injunction against the defendant. The trial Circuit Court Judge further dismissed the defendant’s counterclaim as unproved.
The brief undisputed facts of this case were that the parties herein are natives of Adientem. Their ancestors moved from different places to settle at Adientem and have been living there for centuries. Each of the parties is asserting that their ancestors founded Adientem. The plaintiff published in the Daily Graphic that the disputed plot is vested in his family and that provoked the defendant to make a counter publication to deny the plaintiff’s family interest in the disputed land.
The parties visited the locus in quo with other people but could not resolve the matter. The plaintiff dissatisfied with the defendant’s adverse claim to the disputed land filed this action against him at the Circuit Court claiming for the following reliefs:
a. A declaration of title to all that piece or parcel of land situate at Adientem and bounded on the north by the Adientem – anagye Road, on the South by Adientem-Kwesimintsim road, on the west by pillar KF25 to the Bridge at pillar KF 19, and on the East by the Coconut plantation of the Kona Family (Antobam).
b. Damages for trespass
c. Possession thereof.
d. Perpetual injunction restraining the defendant, his agents, assigns etc from having anything to do with the said land”.
The defendant in his statement of defence asserted ownership to the disputed land and counter-claimed against the plaintiff for a larger area which includes the land which the plaintiff asserted ownership. The trial Circuit Court Judge found in favour of the plaintiff and dismissed the defendant’s counterclaim. Each party gave evidence and tendered exhibits from archives.
The defendant on his notice of appeal filed six (6) grounds of appeal. They are as follows:
“a. That the Court erred in holding that Exhibits’ ‘B’ and ‘B1’ support the plaintiff’s claim to title of the subject matter land.
b. That the court failed to adequately consider the contents of exhibit ‘C’.
c. That the Court failed