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November 23, 2023
COURT OF APPEAL
GHANA
AFIA SERWAH ASARE-BOTWE (MRS.) JA
This is an appeal from the Judgment of the High Court, Cape Coast, presided over by Her Ladyship Justice Malike Awo Woanyah Dey (Mrs) J, dated the 16 th day of December, 2021.
In this Judgment, the parties may, where the context so admits, be referred to as the ' Plaintiff/Respondent ', or 'Respondent' ' Defendant/Appellant ' or 'Appellant' with the necessary qualifications or modifications.
The Notice of Appeal was filed on the 11 th of February, 2022 on the following grounds;
1. That the Judgment was against the weight of evidence adduced by the parties before the trial Court.
2. That further grounds will be filed upon receipt of the record of appeal.
On the record, no process, by way of additional grounds of appeal, was filed by the Appellant.
THE BACKGROUND OF THE CASE/THE PLAINTIFF/RESPONDENT'S CLAIM:
Before proceeding to deal with the necessary procedural and substantive issues in this matter, it would be prudent to set out the background of the action before the Court.
The suit commenced by the issuance of a writ of summons and statement of claim on the 30 th of March, 2020 in which was endorsed the following reliefs;
a. A declaration that the lease agreement dated 11 th November, 1967 between the Plaintiff and Mandaka Industries has expired.
b. An order for the recovery of possession from the Defendant all that piece or parcel of land measuring 3.9 acres lying and situate at Atwima Elmina in the Central Region and more particularly described in the schedule herein.
c. An order of perpetual injunction restraining the Defendant, their agents, assigns, workmen and privies, successors-in-title or anybody claiming through them from entering the disputed land or further development or doing anything on the land which is likely to affect the nature and character of the land and the quiet possession and enjoyment of the Plaintiff s family.
d. An Order to eject the 2nd Defendant from the Plaintiff/Respondent 's land.
e. An Order for rent assessment and for the Defendant to pay rent from November 2017 till date of final vacant vacation of the land.
f. Mesne profit
g. Cost including legal cost
h. Any other relief (s) the Court may seem meet.
The Schedule containing the description of the land is also relevant for our purposes and is reproduced hereunder;
SCHEDULE
All that piece or parcel of land lying and situate at Atwima Elmina known as Atwima land containing an approximate area of 3.90 acres starting
AI Generated Summary
Afia Serwah Asare-Botwe JA, writing for a three-judge panel of the Court of Appeal, dismissed an appeal by Ebusuapanyin Michael Henakwa Mensah challenging a High Court judgment in favor of the Ebireayem Ebiradze Family of Atwima Elmina. The family, represented by attorney Patrick Victor Amissah, sought repossession of a 3.9-acre parcel at Atwima Elmina after a fifty-year lease granted in 1967 to Madaka Industries for a salt industry, later assigned in 1982 to the late Madam Aba Amandzea Mehu, expired in November 2017. The Appellant argued the salt operations sit on land acquired from the Nana Brempong Abaka Family of Bronyibima, allegedly purchased outright in 2020, not on the Respondent’s land. The appellate court, applying rehearing standards and evidentiary rules, found the composite plan and pleadings supported identification of the Atwima land, rejected reliance on Bronyibima claims not backed by cogent proof, and affirmed dismissal of the counterclaim, awarding costs of GHȼ20,000.