NII DANIEL MARLEY NAI v. KATAMANSO STOOL

AMADU JSC:-

INTRODUCTION:

(1) My Lords, in land disputes, especially those shrouded in conflicting traditional history such as the instant appeal, the time-tested principle for the evaluation of conflicting traditional evidence has been to analyse same in the light of such more recent facts as revealed by the evidence adduced at the trial. This principle is referred to in the cases as the ADJEIBI-KOJO VS. BONSIE principle.

(2) The principle sounds a caution to courts analyzing conflicting traditional evidence not to be swayed so much by how consistent or contradictory the narration of historical events are, nor by the demeanour of the witnesses, nor even pronouncements in published works on the history and traditions of the community concerned; but that the evidence ought to be assessed in the light of acts within living memory.

(3) In the instant appeal therefore, the key issues for determination are whether the two lower courts properly understood the evidence in this case and whether they correctly applied the ADJEIBI-KOJO VS. BONSIE principle in the evaluation of the evidence adduced in support of the respective cases of the parties who relied largely on traditional evidence.

(4) BACKGROUND

On the 12th day of July, 2018, the Plaintiff/Appellant/ Appellant (hereinafter simply referred to as “Plaintiff”) issued a writ of summons against the Defendants/Respondents/ Respondents (the first of whom contested the appeal and hereinafter referred to as the 1st Defendant) at the Land Division of the High Court, Accra, for the following reliefs:

“a. Declaration of title to all that pieces of land containing

an approximate area of 2,172.68 acres situate at Marley Koo (near Pinkwai) Accra commencing at pillar marked ANM6 at the Northern-Western Corner bounded by Ga State Land on the North for 3,100.0 feet on the bearing of 89.46 to the pillar marked ANM7 thence for 2330.0 feet on the bearing of 89.46 to the pillar marked ANM8 thence for 2985.0 feet on the bearing of 89.42 to the pillar marked ANM9 thence for 2520.1 feet on the bearing of 89.33 to the pillar marked ANM10 thence for 2675.1 feet on the bearing of 179,27 to the pillar marked ANM12 on the east side of the Ga State Land thence for 3180 feet on the bearing 1179,54 to the pillar marked ANM13 thence for 1818.2 feet on the bearing of 270 for approximately 3752.4 feet and thence on the Southern side thence on the South-Eastern side commencing from pillar ANM1 for 1945.0 on the bearing of 00.00 to the