2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves a land dispute where the Circuit Court in Tarkwa ruled in favor of the Plaintiff/Respondent, confirming their possession of a piece of land. The Defendant/Appellant appealed the decision, contesting the ownership and claiming registration of leases. The Court of Appeal affirmed the trial court’s judgment, supporting the Plaintiff/Respondent’s claim to the land. The appellate court dismissed the appeal, upholding that the trial court's decision was backed by substantial evidence and legal principles related to customary grants and equitable ownership of land.
AckaahBoafo, J.A.
i. Overview:
[1] My Lords, the main issue on this appeal is whether the trial Judge's conclusion that the subject matter land belongs to Plaintiff/Respondent is anchored in the evidence and sustainable in law. The appeal arises out of an action instituted at the Circuit Court, Tarkwa for declaratory and injunctive orders, to a piece of land situate at Aboso in the PresteaHuni Valley District of the Western Region. The trial Judge after hearing the evidence and analysing same concluded that while a superimposition of the site plans of the parties would have been helpful, the evidence showed that the subject matter land belongs to the Plaintiff/Respondent and her possession should not be disturbed.
[2] Dissatisfied with the judgment dated and delivered on 17th January 2017, Osumanu Boncana, the Appellant, appeals the decision of the trial court to this Court pursuant to the rules of this Court. My Lords, as noted above, the fundamental issue in this appeal is whether the Circuit Court, Tarkwa was right by the conclusion reached in entering judgment in favour of the Plaintiff/Respondent or whether the judgment is justifiable, based on the facts and the law and thus supported by the evidence. The relief sought from this court is an order to set aside the judgment of the trial judge. In this judgment, the Defendant shall be referred to as the Appellant and the Plaintiff as the Respondent. Before dealing with the arguments advanced in support and against the appeal, I will give a brief a brief summary background of the case.
ii. Background Facts :
[3] I note that a detailed history of the facts and why the dispute between the parties can be found in the reasons of the trial Judge. I will therefore summarize only those facts relevant to this appeal. My Lords, it is interesting to note that the two main protagonists in the suit, which has birthed this appeal are no longer with us, they have joined their ancestors. Their descendants are the actors in this legal drama. The Defendant/Appellant is the Administrator of the estate of Ibrahim Boncana, the original Defendant in this suit and the Respondent is the daughter of the late Musah Alhassan. The Appellant testified that his deceased brother came into occupation and possession of the land and operated a smallscale filing station on the land without let or hindrance from 1995 until his death in 2010. He denied that his late brother was a licensee of the Plaintiff/Respondent. At trial he