AFIA SERWAH ASAREBOTWE JA
This is an Appeal from a Judgment of the High Court, Tema, dated the 25 th of November, 2021 brought for and on behalf of the Defendant/Appellant (also referred to as 'the Defendant' where the context so admits) herein on grounds set out per an Amended Notice of Appeal filed on the 8 th of February, 2023 viz;
a. The trial judge erred when she effectively concluded that the Defendant/Appellant has no interest in the land in dispute and proceeded to declare the Plaintiff/Respondent as the owner of the land in dispute.
PARTICULARS OF ERROR OF LAW
I. The conclusion of the trial judge contravened the holding in Suit Nos. E1/21/2007, H1/220/2012 and J4/38/2015 intituled Kweinor Teye Kwabla v. Nene Kwaku Darpoh & 2 Ors. that the Defendant/Appellant has an interest in the land in dispute.
II. The vesting assent of the Defendant/Appellant constituting evidence of the Defendant/Appellant's interest in the land in dispute was not challenged by the Plaintiff/Respondent in the Court below.
III. The vesting assent constituting evidence of the Defendant/Appellant's interest in the land in dispute was affirmed by the Supreme Court in suit no. J4/38/2015 intituled Kweinor Teye Kwabla v. Nene Kwaku Darpoh & 2 Ors.
IV. The trial judge committed fundamental jurisdictional error in purporting to overrule the findings and holding by the Supreme Court in unreported suit no. J4/38/2015 where the Supreme Court affirmed the vesting assent made in favour of the family of the Appellant.
V. The trial judge does not have the jurisdiction to set aside the finding and holding of the Supreme Court declaring that the vesting assent with number AR/3036/2005 of the Appellant REGISTERED at the Lands Commission should 'remain intact'.
VI. The trial High Court committed fundamental jurisdictional error in purporting to set aside the holding by the Supreme Court in unreported suit no. J4/38/201, where the Supreme Court held at page 11 that 'that judgment did not therefore affect the 1 st Defendant's vesting assent' and therefore a nullity.
b. The trial erred in law when she held that the Defendant/Appellant by having his Counterclaim dismissed in suit Nos. E1/21/2007, H1/220/2012 and
J4/38/2015 intituled Kweinor Teye Kwabla v. Nene Kwaku Darpoh & 2 Ors, is estopped from claiming same land as Plaintiff/Respondent.
PARTICULARS OF ERROR OF LAW
I. No issue was joined between the Defendant/Appellant and the Plaintiff/Respondent in suit Nos. E1/21/2007, H1/220/20
