GH - MACLEAN II AND ANOTHER v. AKWEI II

JUDGMENT OF AMPIAH J.A.

The plaintiff-respondent (hereinafter referred to as the plaintiff) took out a writ of summons as Mankralo and Acting Sempe Mantse against the defendants-appellants (hereinafter referred to as the defendants) for a declaration of title to a piece of land situate at Odorkor. He also claimed damages for trespass and an order of perpetual injunction to restrain the defendants, their agents and servants from interfering with the plaintiff’s said stool land. The first defendant, the Mantse of South Odorkor and Acting Akumajay Mantse, denied the claim by the plaintiff and counterclaimed for a declaration of title to a land popularly known as Opete Kpakpo. He also claimed for recovery of possession, damages for trespass and an order of perpetual injunction against the plaintiff, his agents and servants. The second defendant to whom a portion of the disputed land had been sold denied the plaintiff’s claim and counterclaimed for damages, both special and general.

On 28 March 1984, the learned trial judge of the High Court, Accra, dismissed the counterclaims by the defendants and gave judgment for the plaintiff on his claim but refused his claim (c), i.e. the claim of ¢5,000 being the value of sand, stones, etc. allegedly removed from the land by the defendants and used for their building. It is against this judgment that the defendants have appealed. The defendants have filed about eleven grounds of appeal, the main one being that the judgment was against the weight of the evidence.

Both parties asked for a declaration of title in respect of the land they respectively claimed. They both therefore assumed the burden of proving their title. This is how the plaintiff described the boundaries of the land he was claiming:

"On the north by the Sempe stool land measuring 200 feet more or less, on the south measuring 200 feet, on the east by the Vendors' land or the Sempe stool land measuring 300 feet more or less and on the west by a proposed road measuring 300 feet more or less and adjudged by the Ghana Court of Appeal to be the property of the Sempe stool, that portion forming part of a larger size of the said Sempe stool land."

The first defendant's land which he referred to as the Opete Kpakpo land stretched from:

“ . . . the Oblongo Road northwards up to the Winneba Road and westwards up to Odorkor south of the Winneba Road including the northern parts of Dansoman but limited by the Oblongo Road."

[p.58]

And, the second defendant's l

JUDGMENT OF AMPIAH J.A.

The first defendant's land which he referred to as the Opete Kpakpo land stretched from:

“ . . . the Oblongo Road northwards up to the Winneba Road and westwards up to Odorkor south of the Winneba Road including the northern parts of Dansoman but limited by the Oblongo Road."

[p.58]

And, the second defendant's l

MACLEAN II AND ANOTHER v. AKWEI II

Areas of Law

JUDGEMENT