NARTEY KWASI & ANOTHER v. ASANTE & OTHERS
2018
COURT OF APPEAL
GHANA
CORAM
- ACQUAYE, JA (PRESIDING)
- GYAN JA
- MABEL AGYEMANG (MRS) JA
Areas of Law
- Property Law
- Evidence Law
- Civil Procedure
- Appellate Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involved a long-standing land dispute that began in 1987. Plaintiffs sought land title and other reliefs against defendants. The trial court ruled in favor of the plaintiffs, awarding them land title, damages, possession, and an injunction. The defendants appealed, citing misdirection and weight of evidence. The appellate court examined the record, noting the plaintiffs' long possession and the lack of credible evidence from the co-defendants. The trial judge's decision was affirmed, dismissing the appeal.
SAEED K. GYAN, JA
It had long ago been observed that hard cases make bad law. This is one such case in which sentiment ought to be taken out of the equation to achieve substantial justice in the peculiar circumstances of the case, mindful of Justice Wiredu’s old admonition delivered in his inimitable manner, in FRIMPONG AND ANOTHER V. NYARKO (1998-99) SCGLR 734 at page 742, as follows:
“ The justice to be dispensed is justice within the law and not
one of sympathy. Judicial sympathy, however plausible can
never be elevated to become a principle of law”.
The record shows that this case began its journey in the corridors of our Judiciary as far back as 1987. Indeed, on the 3rd day of September, 1987, the two original Plaintiffs in the case issued out a Writ of Summons in the Registry of the Koforidua High Court against five named Defendants, who were simply identified as:
Asante
Kwame Kena
Kwame Asamani
Issa
Kweku Ben.
The reliefs sought were for declaration of title to land at a place called Kumferi on Begoro Stool land; general damages for trespass; Accounts; Recovery of possession and Perpetual Injunction.
Before long, two persons, namely: Samuel Budu Asare and Appau Acquah applied to be joined as Co-Defendants purportedly representing a group described as Obiri Bekoe and Co. The Plaintiffs on their part had styled themselves as suing for themselves and on behalf of a group called Mawu Suom and Co. supposedly being a “syndicate of farmers”.
It is important to point out that apart from filing a statement of defence, which was substantially cast in the mould of the defence filed by the original defendants, the co-defendants also filed a counter-claim against the Plaintiffs by which they sought the following reliefs:
a) A declaration that the land the subject matter of the suit was acquired from the Begoro Stool by Obiri Bekoe and Co. in 1924 and registered as No. 1089/1983.
b) Recovery of possession of any portion or portions of the land unlawfully occupied by the Plaintiffs.
c) Perpetual Injunction restraining the Plaintiffs, their servants, agents and assigns from entering unto the said land and interfering with the title of the co-defendant as representing Obiri Bekoe and company.
By their Amended writ of Summons the Plaintiffs had specifically identified the land in controversy or in dispute as that located at a place commonly known as Kumferi on Begoro Stool land and bounded on one side by the property of Edu Nyarko & Co