RAPHAEL KLUVI KPASRA v. MICHAEL A. FIHO & ANOTHER
2018
COURT OF APPEAL
GHANA
CORAM
- K. A. ACQUAYE, J.A. (PRESIDING)
- K. S. GYAN, J.A.
- M. M. AGYEMANG (MRS), J.A
Areas of Law
- Land law
- Civil procedure
- Evidence law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiffs claimed title to a parcel of land and sought several remedies against the defendant. The trial court ruled in their favor, but the appellate court set aside the judgment, stating that the plaintiffs failed to establish the boundaries and identity of the land. The appellate court also noted that the Deed of Land Purchase was not properly tendered in evidence. The appellate court dismissed the plaintiffs' claims and awarded costs against them.
ACQUAYE, J. A.
The plaintiffs/respondents issued a writ of summons claiming against the defendant/appellant:
(a) Declaration of title to a parcel of land situate at Aflao-Avenu in the Ketu South District of the Volta Region the boundaries of which were described.
(b) Recovery of possession
(c) General damages
(d) Perpetual injunction restraining the defendant, his servants, agents, workmen, assigns and all those claiming through him from entering or dealing with the said land.
It was the plaintiffs’ case that the land was originally acquired by one Kotoku who was inherited by Kotoku Sodzi followed by his daughter Madam Ahorlushie Kotoku Sodzi. The 2nd plaintiff testified that Madam Ahorlushie Kotoku Sodzi sold the land to the plaintiffs and issued a receipt dated 6th September, 1972 to them. The receipt was witnessed by Apedo Kodzo, Sowornude Kotoku, Masari Huser and Mawuli Kodzo all of whom are dead save the first one. The plaintiffs claimed that Mr. Kodzo Holor Kpasra the father of the defendant who was a brother of Kotoku Sodzi knew the land did not belong to him so when he was distributing his properties between the two sets of his children he did not include this property. The 2nd plaintiff testified that the defendant trespassed and planted coconut seedlings on the land. A complaint was lodged before Mensavi Housor who warned the defendant not to trespass onto the land. The 2nd plaintiff testified that they erected corner pillars on the land but the defendant removed them and when he was reported to the police the defendant went to replace the corner pillars. The 2nd plaintiff testified that they ploughed the land but the defendant and his children went and planted crops on the land. Under cross-examination, the 2nd plaintiff said they bought the land about 42 years ago when the defendant’s father was alive but it is only the defendant who has been laying adverse claim to the land.
The defendants defence was that the land, situated behind the Diamond Cement at a place called Agbawoeme was founded by his great grandfather called Ayisi and that the land was gifted to his mother by his grandfather Kpasra. The defendant said he and his father had been farming on the land since his infancy and that he has cultivated coconut, mango, apple and iroko trees on the land without any challenge from anybody. The defendant testified that he had been farming on the land for about 50 years until recently when he realized that someone had destroyed his fence,