NANA KWATA YAMOAH v. EBUSUAPANYIN K. YEBOAH & ORS

KULENDI JSC:-

INTRODUCTION

This is an appeal against the judgment of the Court of Appeal dated 21st April, 2021 by which the Court of Appeal, unanimously overturned a judgment of the High Court of 29th March, 2018. Aggrieved by the said decision, the Plaintiff/Respondent/Appellant (hereinafter called “the Appellant”) has filed a notice of appeal dated 15th October, 2021 upon the grounds contained therein, seeking to set aside the judgment of the Court of Appeal and to restore the said judgment of the High Court.

BACKGROUND

The instant matter arises from two different suits in the High Court, namely, Suit No.: LS.50/02 entitled Nana Kwata Yamoah vrs. Ebusuapanyin K. Yeboah and Suit No.: LS.1/03 entitled Nana Kwata Yamoah vrs. Ebusuapanyin K. Yamoah, which were consolidated.

By a writ of summons filed on the 3rd of December, 2002, which was subsequently amended on 19th July 2010, the Appellant, in his capacity as Odikro of Gomoa Nsuaem commenced an action against the Defendant/Appellant/Respondent (hereinafter called “the Respondent”) for the following reliefs:

A declaration of title to and recovery of possession of all that piece or parcel of land situate, lying and being at Nsuaem popularly known and called Otopaako (Otuparky) and bounded on the side by the property of Kweku Wurodu’s, on another by the property of Opanyin Amponsah, on another side by the property of Obaa Kwaa Village, on another side by property of Archenfie, on another side by the River Ayensu;

2.Damages for trespass and

3.Perpetual injunction restraining the Defendant by himself, his agents, privies, family members, servants, labourers, assigns, personal representatives, workmen, executors or howsoever from dealing with or having anything to do with the land in dispute.

For some reason that we are unable to glean from the record, the same Appellant, on or about the 13th of January, 2003 issued another writ in the said Suit No.: LS.1/03 against the Respondent and endorsed for the same reliefs as sought per the amended writ of summons in Suit No.: LS.50/02.

Subsequently, by an order of the High Court dated 23rd January 2007, Suit Nos.: LS.50/02 and LS.1/03 were consolidated for trial.

The contentions upon which the above reliefs sought by the Appellants were anchored are that the land in dispute, variously known as Otopaako and Kwakwatsia, was first acquired by his ancestors, through conquest by the original settler, Kwasi Bondam. According to the Appellant, after the conquest a