MOSES TUTU v. ANIBRE KOFI & OTHERS
2018
COURT OF APPEAL
GHANA
CORAM
- K. A. ACQUAYE JA (PRESIDING)
- S. K. GYAN JA
- M. M. AGYEMANG (MRS) JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around a land dispute that became complicated due to late involvement of legal counsel and multiple parties claiming the land. The initial trial favored the Plaintiff, but Defendants appealed citing procedural and factual errors. The Court of Appeal found that the trial had procedural flaws and insufficient evidence to sustain the original judgment. It ordered a retrial, including a new survey of the land. The appeal processes and burden of proof were emphasized, affecting judgments based on the weight of evidence and correct legal procedure.
J U D G M E N T
SAEED K. GYAN, JA:
This case, which at its very inception appeared on the face of it to be quite a simple and straight forward issue of alleged trespass to land ended up assuming a rather hard, difficult, complicated and confused matter, whose resolution was obviously worsened by the fact that, from the pleadings up to a substantial stage of the plenary hearing, the case had been handled by the parties themselves without the support or assistance of legal Counsel.
The legal and factual situation additionally appears to have suffered further complications when following a rather late order for a survey plan to be drawn of the supposed land in dispute, and arising from the outcome of that work, a defence witness applied to be joined and was duly granted leave to join the suit as Co-Defendant, whereupon there subsequently emerged a tacit agreement between the said witness/co-defendant and the main Defendant in the case (1st Defendant) whereby the said 1st Defendant literally and practically ceded his case to the aforesaid defence witness, who had been joined to the suit as another co-defendant, but whose interest and case, at the material time and circumstances, appeared to be at variance with the 1st Defendant in whose favour he had testified as a critical witness.
The case which started in the year 2000 with a Writ of Summons filed on 6/4/2000 at the Kpando Circuit Court found its first substantive resolution, after a full trial by the Circuit Court Judge, who by the time of his judgment at the Court below had been promoted to the High Court Bench and accordingly delivered the now impugned judgment as an Additional Circuit Court Judge.
In what appears to be a rather pain staking but tortuous judgment, the learned trial judge emerged from his labour with certain findings of fact and ultimately pronounced his decision in favour of the Plaintiff in the case, namely MOSES TUTU. The judgment was delivered on the 24th day of October, 2003.
Being aggrieved by and dissatisfied with the decision of the Learned Trial Judge the instant appeal was launched by the “Defendants/Appellants” by way of Notice of Appeal filed on their behalf by their solicitors on 3/11/2003.
The appeal was said to be against the whole judgment and the relief sought was to the effect that the “judgment be set aside and judgment entered in favour of the Defendant and Co-Defendant/Appellants”.
The grounds set out under the said notice of appeal were as follows:
“ a) The