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SAMUEL ODOI QUARSHIE v. YEMOLEY BAAKAN

2004

COURT OF APPEAL

GHANA

CORAM

  • Essilfie-Bondzie, J.A [Presiding]
  • Osei, J.A.
  • Quaye, J.A

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

Justice Essilfie-Bondzie, writing for the Court of Appeal, reviewed an Accra Circuit Court judgment arising from a land dispute near Degaulle Park, La. Samuel Odoi Quarshie, from the Quarshie family, claimed that family land reclaimed by his cousin (the defendant) was divided among Erasmus Akuetteh Quarshie, Yemoteley Quarshie, and Oko Yemoh, and alleged interference with Erasmus’s portion and appropriation of 600 blocks. The defendant denied it was family land, asserting she purchased the land from the Lands Commission Secretariat and paid for the blocks. The Court of Appeal held Samuel failed to prove title by his own case: he offered only his testimony, did not establish the identity, boundaries, or measurements of the land, and failed to plead and prove capacity to sue. It further found the trial court erroneously entered judgment for 0.70 acres despite the plaintiff’s failure to amend his writ. The appeal was allowed and judgment entered for the defendant on her counterclaim.