PAPA ATIVOR VS YEVU KUMEDZINA & ANOR
2024
COURT OF APPEAL
GHANA
CORAM
- ERIC KYEI BAFFOUR JA (PRESIDING)
- EMMANUEL ANKAMAH JA
- HAFISATA AMALEBOBA (MRS) JA
Areas of Law
- Property and Real Estate Law
- Evidence Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal stems from a dispute over land ownership, initially decided in the Plaintiffs' favor at the District Court level, with subsequent appeals affirming the decision. The Plaintiffs, tracing their title through their great-grandfather, accused the Defendant of trespass. The Defendant claimed land ownership but was ultimately unsuccessful. Key issues included the weight of evidence and the Plaintiffs' capacity to sue. The appellate court affirmed the lower courts' judgments, finding the Plaintiffs had established their claim and their capacity to sue was valid. The judgment covered principles of possession in land ownership disputes, capacity to sue in family property matters, and requirements for Power of Attorney in initiating lawsuits.
AMALEBOBA (MRS) J. A.
INTRODUCTION
This is an Appeal from the concurrent findings of two Court’s lower than this Court.
The suit commenced in the District Court, Aflao in the Volta Region, where Judgment was entered for Plaintiffs against the Defendant.
Being aggrieved by this decision of the District Court, the Defendant filed an appeal in the High Court, Denu in the Volta Region.
The High Court, Denu per its Judgment dated 17th December 2020, affirmed the decision of the District Court, Aflao.
The instant Appeal is from the decision of the High Court, Denu.
In this Judgment, the parties will be known by their designations in the District Court.
Therefore, the Appellant will be referred to as the Defendant and the 1st and 2nd Respondents referred to as 1st and 2nd Plaintiffs, respectively.
BACKGROUND The Plaintiffs trace their root of title to the land in dispute, through their grandfather Doklui, who passed same on to his children, Amevor and Balaka.
According to the Plaintiffs, the land devolved on them through their great grand ancestors, who founded the land over three (300) hundred years ago.
The Plaintiffs averred that the land in dispute is situate at Lente – Wute – Aflao.
The Plaintiffs asserted that Defendant is claiming ownership of a portion of the land given to Balaka.
The Plaintiffs further averred that the Defendant has trespassed on to the land, cut down three (3) coconut trees belonging to the Plaintiffs, hence the action against the Defendant.
By their Writ of Summons filed on 5th January 2017, the Plaintiffs described their land as bounded on the North by the property of Amevor Korpedo, on the South by the Atikpa family land, on the West by the property of Miheso Azumah and on the East by Azaglo and Miheso family land.
The Plaintiffs pray for a declaration of title to the said land, recovery of possession of the said land and damages for trespass.
The Defendant on his part contended that the land in dispute is at Yame and not at Lente– Wute – Aflao, as asserted by the Plaintiffs.
According to the Defendant, the land in dispute is Ativor family land which was discovered by his grandfather Torgbui Atikpa who gifted same to his son Torgbui Ativor.
According to Defendant, the said Torgbui Ativor is his father, who passed on the land to his children.
The Defendant alleged that the land has always been in the possession of the Ativor family, until the Plaintiffs only recently started to litigate with the Ativor family on sam