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OBAAHEMAA OKOMFO ESSABA II v. NANA BOTWE & OTHERS

2018

COURT OF APPEAL

GHANA

CORAM

  • IRENE CHARITY LARBI MRS. J.A (PRESIDING)
  • L. L. MENSAH (J.A)
  • ANGELINA M. DOMAKYAAREH MRS.( J.A

Areas of Law

  • Property and Real Estate Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

The Plaintiff appealed against a High Court decision that partially granted land claims to both the Plaintiff and Defendants. The Plaintiff argued that the judgment was against the weight of evidence, misinterpreted documents, and improperly admitted counterfoil receipts as evidence. The Appellate Court conducted a re-hearing, analyzing the entire record and finding lapses in the High Court's judgment, particularly in terms of evidence regarding land identity and ownership. The judgment for the Defendants was set aside, and the Plaintiff was granted title to the disputed land, recovery of possession, and a perpetual injunction against the Defendants. The Court also awarded general damages for trespass against the Defendants.

JUDGMENT