LOVE GODFREY TETTEH AMITEI v. JONATHAN KOFI TETTEH _ EMMANUEL TETTEH
2004
COURT OF APPEAL
GHANA
CORAM
- MS. ROSE OWUSU J.A. (Presiding)
- J.B. AKAMBA, J.A.
- ANIN-YEBOAH, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice E.A. Addo, writing for the Court of Appeal, dismissed the appeal by Jonathan Kofi Tetteh and Emmanuel Tetteh from a Circuit Court decision concerning ownership of land at Amlamournya, Odumase-Krobo. The Plaintiff/Respondent sought declaration of title and ancillary reliefs, describing specific family boundaries, and traced ownership from his ancestor Amponsah through a succession to his father, Francis Tetteh Amitei. He relied on res judicata, pointing to a Konor’s arbitration in 1975 and other proceedings (Exhibits 'A' and 'B') against the Defendants’ forebears, Theophilus Narh Tetteh and Rev. S.T.A. Tetteh. On appeal, the Defendants argued the judgment was against the weight of evidence and that the trial judge failed to appreciate the issues, claiming the subject matter differed. The Court of Appeal, referencing admissions under cross-examination, the plans, and authoritative sources (Spencer-Bower & Turner; Ababio v Kanga; Otu X v Owuodzi), held the land and parties were the same, that res judicata applied, and affirmed the lower court’s judgment.
JUDGMENT
ADDO, J.A.
This is an appeal from the decision dated 12th day of October 2001 of His Honour Judge E.E. Ampadu, Circuit Judge sitting at the Circuit Court, Odumase-Krobo.
The appellants not satisfied with the said decision, have come suppliant to this Honourable Court praying that we set aside the said decision and enter judgment for them. The Defendants/Appellants filed four grounds of appeal in their notice of Appeal namely:-
(a) The Learned Judge’s judgment was against the weight of evidence.
(b) The judgment was erroneous in law.
(c) The Learned Judge failed to appreciate and direct himself on the issues that came before him
(d) The Learned Judge wrongfully accepted certain documents classified as Exhibits which ought to be objected.
The Defendants/Appellants argued only two of the four grounds, namely grounds (a) and (c) but to this I will return later.
The Plaintiff/Respondent claimed by his writ a land situate at a place called Amlamournya at Odumase-Krobo. This land according to the Plaintiff/Respondent is bounded on one side by Narh Kwablah family land, Chief Bannah family land and Onukpatser Tetteh Awisi family land, on another side Agbatse Amanor family land and William Odjao land, on another side by the same Agbatse Amnor family land, and on another side by Chief Baah Asare Family land. The Plaintiff/Respondent also asked for an order of ejectment and damages for trespass and perpetual injunction. In his evidence in chief the Plaintiff/Respondent said the land in question is at Amlamournya, Hwekper and shares boundary on the east with the land of three people namely Narh Kwabla family land, chief Bannah land and Onukpatser Tetteh Awisi land. On the west the land shares boundary with Agbatse Amanor and William Odjao. On the South, it shares boundary with the land of Agbatse Amanor. On the North with the land of chief Barnor Ashalley.
It is the case of the Plaintiff/Respondent that he is the lawful owner of the piece of land aforementioned and described above, which is the subject-matter of the dispute that has given rise to this Appeal. The Plaintiff/Respondent says in his testimony that his ancestor by name Amponsah acquired the disputed land while he was living on the Krobo Mountain. The said ancestor farmed on the disputed land till his death and upon his death the said land devolved on his family. The Plaintiff had this to say on how he came to own the disputed land:—
"The original owner of this land was Amponsah. He acqui