KRIKPA TETEVI & ORS v. YAO BOKOR & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- DENNIS D. ADJEI (J.A.) - PRESIDING
- CECILIA SOWAH (J.A.)
- KWOFIE,J.A
Areas of Law
- Evidence Law
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal dismissed the Plaintiffs’ claim, upholding the High Court’s decision, which found the Plaintiffs' push to reclaim land sold by their father unmeritorious. The Court held that the Plaintiffs failed to prove that their grandfather had acquired the land in its virgin state, as their own witness contradicted this claim. Additionally, it was established that the Plaintiffs' grandfather was a licensee of the land, which was owned by the Defendants' ancestors. The Court further clarified that a license does not transfer interest or property, and therefore, the Defendants maintained ownership despite the Plaintiffs' prolonged occupation. The appeal was thus dismissed as lacking merit.
J U D G M E N T
ADJEI, J.A:
The High Court Ho on 19th June, 2008 dismissed the Plaintiffs/Appellants’ action against the Defendants/Respondents as unmeritorious. The Plaintiffs/Appellants would be referred to in this appeal as Plaintiffs and the Defendants/Respondents as Defendants.
The appeal has a chequered history which needs to be chronicled in this appeal. The substantive suit in the High Court was filed on 31st March, 1981 and judgment was rendered in it on 19th June, 2008. The Plaintiffs’ filed their Notice of Appeal against the judgment of the High Court on 27th June, 2008. This Court on 5th March, 2014 granted leave to the Plaintiffs to file additional grounds of appeal. The Plaintiffs’ filed the additional grounds of appeal on 7th March, 2014. The Notice of Appeal, the additional grounds of appeal, the Plaintiffs’ written submission and hearing notices were served on the Defendants. The Defendants failed to file their written submission and appear in Court to take part in the hearing of the appeal. The Court made a further order directing the Defendants to file their written submission if they wished to contest the appeal but they failed to respond even though there is proof of service to that effect. In accordance with Rule 20(8) of the Court of Appeal rules, 1997 (C.I. 19) the Court will proceed with the hearing of the appeal even though the Defendants neither filed written submission nor agreed to make a joint written statement. The Defendants would not therefore be heard at the hearing of the appeal except as to the question of costs.
The brief facts of this appeal were that the Plaintiffs’ father sold a land, the subject matter of the suit to one Fofovi Bokor. The Plaintiffs’ case was that their grandfather by name Tetevi who hailed from Tsekpor in Togo came to settle at Aflao and gave birth to two sons namely Afatsawo and Afagbedzi. When he came he settled upon a land and after his demise the land was shared between his aforesaid two children. One of the sons by name Afagbedzi, the father of the Plaintiffs herein on getting his half share of the land sold it to one Fofovi Bokor, the father of the 1st Defendant. The Plaintiffs became dissatisfied with their father’s conduct by selling the land devolved unto him through his father without their consent. The Plaintiff filed a complaint with the Chief of Aflao against their father and the purchaser. According to the Plaintiffs, a panel of arbitrators including the Chief of Aflao went into t