MR. KWAKU ABRAHAM v. ISAAC DARKWA
2013
COURT OF APPEAL
GHANA
CORAM
- OWUSU M., J.A. (PRESIDING)
- ACQUAYE K., J.A.
- DORDZIE M., J.A
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal dismissed the plaintiff's appeal seeking reversal of the High Courts judgment in favor of the defendant, confirming that the land belonged to the defendant and upholding that the plaintiff was estopped by res judicata. The decision was based on the recognition of a previous judgement which declared the defendant's title to the land. The legal principles emphasized include the independence of counterclaims, the finality of competent court judgments unless proven otherwise, and the importance of recent acts in evaluating traditional evidence in land disputes.
MARIAMA OWUSU, J.A:
On 30-1-2012, the High Court, Koforidua, gave judgment against the plaintiff. The Court held among other things that,
“From the above, and for the reasons given, judgment is entered against the plaintiff in respect of all the reliefs endorsed on her writ.
The defendant in this case did not counterclaim for a declaration of title, recovery of possession and an order of perpetual injunction amongst others as was the case in the previous litigation. However, with the resolution of all the issues and additional issues in his favour, he is entitled to being declared owner of the disputed land and the court so declares. The effect of this judgment means that the judgment in the previous litigation declaring title in his favour upon his counter claim stands unaffected. Also see the case of Hanna Assi v. Gihoc Refrigeration & Household Products Ltd. (No.2) [2007-2008] 1GLR 16 which held that where on the evidence a defendant is clearly entitled to a remedy but filed no counterclaim, the court in order to do substantial justice amongst the parties may grant the relief not asked for.
On the cost to be awarded, having regard to unnecessarily expenses that the plaintiff has put the defendant through to defend his claim to the land a second time, and contumelious conduct of the plaintiff in denying any knowledge of the previous litigation the defendant shall be entitled to substantial cost. Accordingly cost of GH¢2,500.00 is awarded against the plaintiff”.
Dissatisfied with the decision of the court, the plaintiff appealed to this court on the following grounds;
[i] The ruling was against the weight of the evidence on the record.
[ii] The cost awarded against the plaintiff is harsh and excessive and without any basis in law.
[iii] Other grounds of appeal will be filed upon receipt of the record of proceedings.
The relief sought from this Court:
That the judgment entered in favour of defendant be set aside and judgment be given in favour of Plaintiff.
The background to this appeal is as follows;
The plaintiff by her writ of summons claims against the defendant the following reliefs:
1. Declaration of title to all that piece of land described in paragraph 4 of the statement of claim.
2. Recovery of Possession of the entire land including land cultivated by the defendant.
3. Perpetual Injunction restraining the defendant from entering into any part of the Akwasi Dwira Family Lands
4. Damages for trespass.
In the 13 paragrap