NUUMO KLOTIA AKPOR & ORS v. PATRICK KUNTOR
2016
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU (MISS), J.A. (PRESIDING)
- F.G. KORBIEH, J.A.
- I.O. AMADU TANKO, J.A.
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
- Contract Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal case arose from a judgment by the High Court granting multiple reliefs to the plaintiff over a land dispute. The appellant contested the judgment. The appeal process saw the Court of Appeal ordering a retrial, wherein the trial again ruled in favor of the plaintiff. The appellant provided multiple grounds for this appeal, questioning the trial court’s findings on evidence, factual conclusions on land size and acquisition, procedural concerns, and allegations of fraud. The appellate court upheld the trial court's findings, dismissing the appeal, confirming the accuracy and validity of the evidence, and maintaining the awarded damages and costs against the appellant.
F. G. KORBIEH, J. A.
This appeal emanates from the judgment of the High Court, Fast Track/Automated Division dated 31/3/2015. It is interesting and also significant to note that the case is coming to this Court for the second time.
When it first came to this Court(differently constituted) a trial de novo was ordered so the case went back to High Court for retrial.
It is as a result of that retrial that this current appeal has been launched.
So I will start with a recap of the facts leading to this appeal.
On the 14/1/2008, the plaintiff/respondent (hereinafter referred to as the plaintiff or respondent) filed a writ of summons against the seven defendants named above asking for the following reliefs:
(i) A declaration of title to a piece or parcel of land (whose boundaries were described) measuring an approximate area of 37. 6 acres at Oyarifa in the Greater Accra Region.
ii) A declaration that the decision of the 5th defendant to register the land in her name is fraudulent.
iii) An order of possession of all portions of the land the subject matter of this suit entered upon, purportedly alienated or developed by the 1st-6thdefendants.
iv) An order directed at the 7th defendant to expunge from its records the purported registration of the 5th defendant as holder of an interest in the land the subject matter of this suit.
v) An order of perpetual injunction restraining the defendants, their servants, assigns, privies, workmen from entering upon, alienating, developing and/or interfering with the plaintiff’s possession and/or quiet enjoyment of the land the subject matter of this suit.
vi) Damages for trespass against the defendants.
vii) Costs.
The plaintiff’s writ of summons was accompanied by a comprehensive statement of claim in which the plaintiff traced his root of title from the government through the Abese Animle We family of Oyarifa to the estate of one Baron T. F. Ernesto and his sons and successors Walter and Ernesto Taricone.
He also alleged and particularized fraud against the 5th defendant who had purportedly transferred her interest in the disputed land to the 1st and 2nd defendants from whom the 6th defendant/appellant (hereinafter referred to only as the appellant) said he had acquired his title.
Upon receipt of the writ of summons and statement of claim, the appellant promptly filed a statement of defence in which he averred, rather tersely, that he had acquired his title through the rightful owners and had all the requisite t