May 25, 2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana dismissed the defendants’ appeal arising from a land dispute in Kpetoe, Volta Region, between the Bedze-Agbedrafor clan and a first defendant who had sold portions to a second defendant. The plaintiffs relied on prior court judgments and a 1995 customary arbitration before Togbi Gagli III, where both parties voluntarily submitted, presented evidence, and the panel visited the locus, culminating in an award for the plaintiffs. The Circuit Court nonetheless ruled for the first defendant, but the Court of Appeal set aside that judgment, recognized the arbitration as valid and binding, and issued damages for trespass and a perpetual injunction. On further appeal, the Supreme Court examined the omnibus ground on the weight of evidence and reaffirmed that acceptance of a customary arbitral award is not required; voluntary submission, judicial conduct, and publication of the award suffice. Citing Suka v Glavee and Akunor v Okan, the Court held the defendants were bound by the award, affirmed the Court of Appeal’s decision, and dismissed the appeal.
PROF. MENSA-BONSU (MRS.) (JSC):-
This is an appeal from a judgment of the Court of Appeal sitting at Ho, delivered on 3rd October 2018. The case arose over a failed effort at dispute resolution in respect of land situate at Kpetoe in the Volta Region of Ghana, between two families.
Background and Facts
The plaintiffs/appellants/respondents (simply referred to herein as ‘plaintiffs’) are the head and principal members of the Bedze-Agbedrafor clan, and they claimed that they owned land at Kpetoe, commonly known as Kangakpo. The boundaries of the land supplied by them were the following: On one side, the land was bounded by the Ho-Denu road, on another side by River Kpetoe, on a third side by the Matti Gboya and Dappah families of Kpetoe and on the last side by plaintiff’s own land. The 1st defendant/respondent appellant (simply defendant) described the same land as Gbedegugu and denied that the plaintiffs were the owners. The 1stdefendants sold parts of the land to the 2nddefendant, who had commenced building operations thereon. The plaintiffs therefore took action against the defendants in the Circuit Court Ho, seeking damages for trespass and perpetual injunction restraining the 2nd defendants from continuing his building operations, either by himself, his principal workmen, servants, labourers etc. pending the final determination of the suit.
During the trial at the Circuit Court, the plaintiffs had tendered judgments pertaining to the same lands in two previous cases in 1951 and 1963 respectively. Both cases had been won by the plaintiffs’ family. They also put in evidence an arbitration that was held between the same parties in 1995. The evidence showed that the two parties had gone to arbitration before Togbi Gagli III Chief of Kpetoe-Agoe. On 23rdAugust 1999, the chief testified at the Circuit Court that upon a complaint by the plaintiff family, the 1stdefendant was approached and that he agreed to appear before a panel constituted by him, for arbitration. He testified further that the 1stdefendant paid 2 bottles of gin as demanded by custom.
The matter was gone into by a panel constituted by Togbi Gagli for the purpose. Each party gave evidence and was cross-examined by the other party. The panel itself also examined the parties. The panel even visited the land in dispute. In total, the parties paid the fees demanded by Togbi Gagli and the panel: two bottles of gin, a goat and GH¢50,000.00 each. The process took three months and on 14th June 199