NANA BRAFO DADZIE II v. JOHN KING ARTHUR & ORS

HONYENUGA, JA

This is an appeal against the judgment of the High Court Sekondi dated the 25th day of July 2013. The said court gave judgment in favour of the plaintiff/respondent. In this appeal the plaintiff/respondent would be referred to as the respondent and the defendants/appellants as the appellants.

The facts of this appeal are that the respondent as the Chief of Upper Shama Junction and the custodian of all Upper Shama Junction lands caused a writ of summons to be issued against the respondents claiming as follows:

“(i) General damages for trespass to portions of the Upper Shama Junction lands bounded on all sides by the lands of Ituma Kwasi Ansah of Agona family of Kumase-Shama Bonsaba lands and Konfueku lands

(ii) Recovery of possession of lands unlawfully occupied by

the defendants”.

The writ was accompanied by a sixteen paragraph statement of claim. The appellants filed an appearance and caused a three paragraph statement of defence to be filed on their behalf. The respondent field a reply. At the summons for Directions stage, the following issues were set down for trial:

“(a). Whether or not the plaintiff is the custodian of all Upper

Shama Junction Stool Lands.

(b). Whether or not the defendants are stopped from raising

the issue of being on portions of Upper Shama Junction

Stool Lands as their family lands

(c) Whether or not the defendant’s occupation of the Upper

Shama Junction lands is lawful.

(d) Whether or not the defendants at all material times have disturbed the plaintiff as a custodian in his possession and quite enjoyment of the Upper Shama Junction lands.

(e) Whether or not the plaintiff is entitled to his claim”

During the trial, the respondent testified and called no witness. At the close of the respondents’ case, the appellants caused a submission of no case to be submitted on their behalf. Upon filing, their written submissions and upon hearing both counsel the trial court overruled the submission of no case and ordered the appellants to open their defence with costs of ¢500,000.00 awarded against them. The appellants testified and called no witness.

After hearing the parties in their testimony, the learned trial judge on the 25th day of July 2013 delivered judgment in favour of the respondent and granted the reliefs claimed by him.

Being aggrieved with the judgment of the High Court, Sekondi, the appellant filed the instant appeal based on the following grounds:

“a. The trial Judge erred in law when without