ODIKRO AJANNOR TETTEH VS KWESI KORLETEY
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP MRS. ELIZABETH ANKUMAH J
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an appeal against a District Court judgment that ruled in favor of the plaintiff in a land dispute. The High Court examined three main issues: the validity of a purported arbitration, the ownership of the disputed land, and whether the plaintiff's claim was statute-barred. The court found that there was no valid arbitration, the plaintiff had established ownership of the land by preponderance of evidence, and the defendant failed to prove adverse possession. The appeal was dismissed, with the court affirming the plaintiff's title to the land, ordering recovery of possession, and awarding costs against the defendant. The case highlights important principles in property law, civil procedure, and the interpretation of evidence in land dispute cases.
This is an appeal from a judgment delivered at the District Court Dodowa on 11th May 2014 in favour of the plaintiff.
The defendant Appellant dissatisfied with the judgment filed Notice of Appeal on 10/9/14 and amended same.
The Notice of Appeal filed on behalf of the defendant/appellant can be found on pages 139 and 140 of the appeal record.
They are: a. “The trial Magistrate erred in law and in fact for failing to address the issue of limitation raised by defendant and hold that the plaintiff’s action is statute barred.
b. The trial Magistrate erred in failing to consider her own judgment in suit number A1/10/2012 affecting defendant’s land and forming part of the land in dispute which the plaintiff grantor and witnesses testified.
c. The trial Magistrate erred in holding that the land in dispute belongs to the plaintiff.
d. The judgment is against the weight of the evidence e. The appellant shall seek the leave of the Court to file additional grounds of appeal upon the receipt of the record of appeal. ” Unfortunately no additional ground of appeal was filed.
Order 51 of the High Court (Civil Procedure) Rules, 2004 (C147) states that “An appeal from a decision or order of a District Court to the High Court shall be by way of rehearing…” In Djin Vrs Musah Baako (2007-2008) SCGLR 686 the Supreme Court stated at holding 1 that: “Where an appellant complains that a judgment is against the weight of evidence, he is implying that there were certain pieces of evidence on the record which if applied in his favour, could have changed the decision in his favour, or certain pieces of evidence have been wrongly applied against him.
The onus is on such an appellant to clearly and properly demonstrate to the appellate court the lapses in the judgment being appealed against. ” The Plaintiff/Respondent (hereinafter known as the Plaintiff) caused a Writ of Summons to be issued by the Registrar directed to the defendant/appellant (hereinafter known as the Defendant) on 1st March 2012 for the following reliefs: 1. “Declaration of title to all that piece or parcel of land situate and lying at Dodowa.
2. Recovery of possession 3. Cost. ” Plaintiff’s case is that he is a pensioner residing at Dodowa and acquired a half plot of land situate and lying off the Dodowa-Afienya Road.
He describes the defendant as a farmer who had encroached on his land.
He states those he shares boundary with.
He states that when he confronted the defendant-trespasser, the defendant th