MARK OFEI ANTWI v. JOHN KWAKU MORTEY
2015
COURT OF APPEAL
GHANA
CORAM
- OWUSU M., (PRESIDING)
- KORBIEH, J.A.
- DZAMEFE, J.A
Areas of Law
- Evidence Law
- Civil Procedure
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court ruled in favor of the plaintiff, finding the defendant's claims to the land fraudulent and not supported by credible evidence. The defendant appealed, but the Court of Appeal affirmed the lower court's ruling, dismissing the appeal. The appellate court held that the plaintiff proved his title to the land and that the judgment was supported by the weight of evidence. It also clarified that new grounds for appeal not mentioned in the notice could not be argued without leave of the court. The judgment emphasized the importance of the quality of evidence over the quantity of witnesses and the evidential burden shifting between parties.
JUDGMENT
MARIAMA OWUSU, J.A:
On 8 – 1 – 2009, the High Court, Accra gave judgment for the plaintiff in this case against the defendant. The court held among other things as follows:
“Having found that Exhibit 1 is tainted with fraud and that the defendant did not enter the land in 1991 but in 2007, his occupation of the land cannot be protected under Act 2 since in 2007, when he entered the land, there was a fence wall around the land. The plaintiff also presented his title deeds to the Land Registry as far back as 1994. An injunction order had also been served on the defendant but he ignored it and continue to build.
I therefore enter judgment for the plaintiff as follows:
a. Declaration of title to the land as described in the writ of summons.
b. Recovery of possession of the said land.
c. An order of perpetual injunction restraining the defendant, his agents, servants, etc from the land described in the writ.
d. The plaintiff is at liberty to demolish all structures on the land if he so wishes and if he does, should claim the cost involved from the defendant.
e. Nominal damages of GH¢5,000.00 for the destruction of the plaintiffs’ fence wall and for trespass to the land.
The plaintiff is awarded cost of GH¢2,000.00”
Dissatisfied with the decision of the High Court, the defendant appealed to the Court of Appeal on the following ground:
“The judgment is against the weight of evidence (other grounds of appeal will be filed later)”
The relief sought from the Court of Appeal is that the judgment of the court below should be set aside and judgment entered for the defendant/appellant dismissing the plaintiff/respondent’s claim.
Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of this case.
The plaintiff/respondent (herein referred to as plaintiff) claims against the defendant/appellant the following:
a. Declaration of title to all that piece or parcel of land situate, lying, being at North Kwashieman, Accra and bounded on the North by proposed road measuring 50 feet more or less on the East by vendors land measuring 100 feet more or less, on the South by high tension line measuring 50 feet more or less and on the West by vendor’s land measuring 100 feet more or less and containing an approximate area of 0.14 acre more or less which piece or parcel of land is covered and edge in the site plan.
b. Recovery of possession
c. General damages
d. Perpetual injunction
e. An order for demo