MRS. EVA COFIE v. NOAH BORKETEY & ORS

DZAMEFE, JA

This is an appeal by the plaintiff against the judgment of the High Court, Accra, dated 20th February, 2009 in favour of the defendant.

The plaintiff dissatisfied with the said judgment filed this appeal on the following grounds; -

1. The learned trial judge erred in treating the plaintiff’s claims in both suits as if they were claims for declaration of title to land when the plaintiff was indeed and in fact claiming for proper administration of her late father’s estate.

2. The learned trial judge committed an error when he ignored the testimony of a Nungua traditional elder regarding the actual Nungua Custom and preferred a statement of the custom by an English man

3. The learned trial judge misinterpreted the statement of the statement of Nungua Custom by learned author Gordon R. Woodman.

4. The judgment is against the weight of the evidence on record 5. Further and additional grounds of appeal will be filed upon receipt of the record of appeal.

The parties in this instant appeal will be refered to as they were in the trial court.

The relief sought is for the judgment to be set aside and judgment entered for the plaintiff for the reliefs indorsed on the writ of summon and the cost awarded against the plaintiff also be set aside.

The plaintiff issued this writ of summons against the defendant for the following reliefs; -

1. Plaintiff claims against the defendants jointly and severally that the piece of land represented by the attached plan belongs to the Borketey Kwaku Family of which plaintiff is a principal member.

2. An order for the revocation, or setting aside of the purported sale of a portion of the said land by any of the defendants to the 7th defendant.

3. An order of perpetual injunction to restrain the 1st, 2nd, 3rd and 6th defendants from any further disposal of the said land.

4. Perpetual injunction to restrain the 7th defendant from entering unto the land or from carrying on any work on the land 5. Perpetual injunction to restrain the 7th defendant, its agents and workmen fro entering with the plaintiffs constructional work on part of the said land.

Facts The plaintiff in the second surviving child of one Late Borketey Kwaku of Nungua.

The defendants are also children of the same Borketey Kwaku.

According to the plaintiff their late father acquired some landed properties at Buade Nungua, Tsinaiatunaa and Baatsonaa during his lifetime.

After his death, the other defendants started selling those lands witho