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MARK ADU PREMPEH VS SAMUEL ANKRAH & ORS

2024

COURT OF APPEAL

GHANA

CORAM

  • RICHARD ADJEI -FRIMPONG JSC. (PRESIDING)
  • JENNIFER DODOO (MRS) J.A.
  • HAFISATA AMALEBOBA (MRS) J. A

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

This case involves an appeal against a Circuit Court judgment that ruled in favor of the Plaintiff's claim to land at Kitase. The 3rd Defendant appealed, arguing the judgment was against the weight of evidence and that her long possession of the land was ignored. The Court of Appeal dismissed the appeal, finding that the 3rd Defendant failed to establish the required 12-year period of open, visible, and unchallenged possession for adverse possession. The court also rejected defenses of laches and acquiescence. The appeal court upheld the principle that appellate courts should not disturb trial court findings unless wholly unsupported by evidence. It also reinforced that parties must specifically plead defenses like laches, acquiescence, and limitation in their pleadings. The case clarifies the requirements for establishing adverse possession in Ghanaian property law.

JUDGMENT