MERCY FIAGBEDU v. RICHISON NONOKUADZI, CLEMENCE DOKPLI AND GERSHON-KING KUADZI

This is an appeal from the decision of the District Court Anloga; entered on the 25/10/2019

as appears on page 142-153 of the record of appeal.

In the Notice of Appeal filed on 2-12-19 and additional grounds filed with leave of the

court on the 24/11/2012 the defendants/appellants has attacked the judgement of the

District Court on the following grounds.

1. The Trial Magistrate erred in law by relying on extraneous practice.

2. The Trial Magistrate did not consider the principle of estoppel by leaches and

conduct.

Additional ground 1 being the omnibus ground;

i) That the judgment is against the weight of evidence on record.

When the appeal was put before this court for hearing, the directive for written

submissions were made.

Before going further to discuss the merits of this appeal, it is just and appropriate to

chronicle the facts of this case leading to the instant appeal.

The plaintiff/respondent who I will now refer as plaintiff sued the defendants/appellants

also to be referred as defendants in this appeal for a declaration of title to the disputed

land situate at Anloga. From her statement of claim found at pages 9 and 10 of the record

of appeal, plaintiff case a can be gleaned thereof, was that the subject matter of disputed

formed part of a tract of land originally owned by her great grandfather called Togbui

Esse. According to her, her great grandfather gave portion to his female children namely

Kosonde and Ameka. And her grandmother was Kosonde, whose share of land was

inherited by her father Miheso Fiagbedu after the death of Kosonde. She continued that

after the death of her father his properties devolved unto her and other siblings.

According to plaintiff, the land in dispute was entrusted to the care of Mathew Dedzo of

Agbledomi for many years. After his death his daughter Charity Dedzo who is plaintiff’s,

cousin became the caretaker of the land who also farmed the land without hindrance.

According to plaintiff resistance came from defendants when she decided to put up a

house on the land. Defendant/Appellants restrained her workmen from entering onto the

land without justification. Plaintiff/Respondent said she summoned the

defendants/appellants before one Togbui Azansi Arbitral Court for arbitration but the

defendants/appellants refused to attend. When it was clear defendants will not stop their

unlawful acts she sued them before the court for the reliefs endorsed thereon.

On the side of the defendants/appel