SAMUEL NAPARI v. JIPIEH GMAGNAN

This is an appeal from the Judgment of the District Court, Kpassa presided over by His

Worship Salifu Bugri Ayagiba dated 15 August 2022. Being dissatisfied with the

judgment, the Plaintiff/Appellant, has appealed to this court per a notice of appeal filed

on 20 October 2022. For convenience, the Plaintiff/Appellant will be referred to as Plaintiff

and the Defendant/Respondent as Defendant.

By his writ of summons dated 12 May 2022 the Plaintiff claims against the defendant the

following reliefs:

a. Plaintiff claim against the defendant is for a declaration of title to all that piece of

land situated and lying at a place called Nakpando-Tido in Kpassa and bounded

by the properties of Mr. Ojabon’s house to the North, the Plaintiff’s family land to

the South, the Roman Catholic Church to the east and Mr. Kawame Losso’s house

to the west.

b. Refund of Gh2,900 being the cost of an uncompleted 5-bedroom house which the

Defendant and his agents demolished on the land on the 24th day of January, 2022.

c. An order for recovery of possession.

d. General damages for trespass.

e. Perpetual injunction restraining the Defendant, his workmen, agents, assigns,

family members and anyone who claims from him having anything to do with the

land.

f. Costs

THE PLAINTIFF’S CASE

The Plaintiff’s case is that his late father in 1963 was led by one Dakoja to Ubor Konja I

the Chief of Kpassa for a land to settle on. According to plaintiff after acquiring the land

his father reared cattle on part of the land, planted tress which served as resting spot for

the cattle and also built a house on a portion of the land where he lived with his family.

It is the case of the plaintiff that when his father died he succeeded him and the land in

dispute was handed over to him. That in January 2022 he engaged masons to construct a

building but defendant and his agents demolished the land.

CASE FOR DEFENDANT

The case of the defendant is that the subject matter was acquired by his late father from

NANA Konja a long time ago before plaintiff’s father set foot at Kpassa. According to

defendnat Nana Konja later made his a sub-chief and he was detailed in demarcating lnd

for all those who later came to Kpassa as starngers.

After the trail, judgment was entered in favour of the defendant. The defendant being

dissatisfied with the decision of the trial Court has appealed to this court per Notice of

filed on 20 August 2022. By this appeal Defendant is urging this Court to