KWABENA APPIAH v. SARAH ODONKOR HESSE

J U D G M E N T

ANTHONY OPPONG JA:

Plaintiff/Respondent to be referred to simply as Respondent claimed to have

obtained a lease of land from one Madam Doreen Boatemah Bitihene by way of

assignment dated 25th July 1995. Respondent claimed further that when he acquired

the land he took immediate possession by erecting pillars and constructing concrete

foundation for a house.

Respondent pleaded that defendant/appellant to be referred to simply as appellant

trespassed unto his (respondent’s) land and started constructing a house on the plot

of land.

Consequently, respondent sued appellant at the court below and claimed

declaration of the 0.44 acre land situate and being at Dome Village, Accra; recovery

of possession of the said land; perpetual injunction and general damages for

trespass.

The appellant denied the claim of respondent. She claimed to have acquired 0.24

acre land situate and being at North-Dome, Accra in 1990 from the Onamrokor

Adain Family but was not issued with any document as she was informed of a

litigation that existed between the Onamrokor Adain family and another family with

the understanding that when the litigation was over, she would be given proprietary

documents covering the land.

The appellant averred further that when the litigation was over, her grantors,

Onamrokor Adain family, per the head thereof and the elders gave her documents

over the land.

The appellant claiming to have been in possession of the land since 1990 when she

started constructing her house counterclaimed for declaration of the 0.24 acre land

situate and being at North-Dome, Accra; damages for trespass; recovery of

possession and perpetual injunction

After the parties have joined issues and the court below heard and considered the

evidence of the parties as well as the evidence of appellant’s witnesses, respondent

having called no witness, and not forgeYing the evidence of court expert witness, the surveyor, the court below entered judgment in favour of the respondent.

Interestingly, the court below rather inadvertently did not specifically dismiss the

counterclaim of the appellant. This omission on the part of the trial judge will be

addressed in due course.

Nevertheless, dissatisfied with the judgment of the court below, the appellant

pursuant to leave of the court filed notice of appeal on the following grounds:

a. That the judgment is against the weight of evidence

b. That the trial judge failed to address the fact that the