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SETH SEADEY v. MRS. GERTRUDE ADJATEY ADDY

2018

COURT OF APPEAL

GHANA

CORAM

  • K. A. ACQUAYE JA (PRESIDING)
  • S. K. GYAN JA
  • M. M. AGYEMANG (MRS.) JA

Areas of Law

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

AI Generated Summary

This case concerns a boundary dispute at Srodae, Koforidua, between property originally held by the respondents father, Kofi Adjatey, and land claimed by the appellants father, Kwaku Seadey. The respondent and her siblings sued for declaration of title, possession, and damages, asserting that the disputed stripearmarked decades ago for a proposed roadwas continuously used by their father as a car lot and shed and then by the siblings for commercial purposes, until the appellant reportedly caused its demolition and attempted fencing. The High Court found for the respondent. On appeal, the appellant argued the judgment was against the weight of evidence, the respondent failed to describe the land and prove title, and the court wrongly rejected his title and surveyor evidence. Applying its rehearing powers and the appellate standard, the Court of Appeal emphasized the respondents unchallenged evidence of exclusive possession and corroboration, found the survey evidence nonprobative, held that any reliance on EI 195/61 was unnecessary but harmless, upheld general damages, and dismissed the appeal with costs.

JUDGMENT