Stephen Obeng Yeboah & Maame Pokuaah v. Nana Apraku Mensah
2019
COURT OF APPEAL
GHANA
CORAM
- OWUSU, J.A. (PRESIDING)
- DZAMEFE, J.A.
- WELBOURNE, J.A
Areas of Law
- Property Law
- Evidence Law
- Civil Procedure
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves a dispute over land ownership and boundary features between the plaintiff and the defendants. The High Court ruled in favor of the plaintiff, but the defendants appealed, arguing that the judgment was against the weight of evidence and that the trial judge failed to establish boundary features. The Court of Appeal found that the 1st defendant shares a boundary with the plaintiff marked by certain pillars and roads, while the 2nd defendant does not share a boundary with the plaintiff. The appeal was partially successful, leading to a partial setting aside of the High Court's judgment.
MARIAMA OWUSU, J.A.
On 21st March, 2017, the High Court, Kumasi gave judgment for the plaintiff against the defendants. The trial court held among other things as follows:
“I therefore hold that the plaintiff have succeeded to prove his case, by the preponderance of probabilities as enshrined in our Evidence Law in Section 11 (4) of Act 323 of 1975. I therefore declare plaintiff ownership to all that piece and parcel of land situate, lying and being at Sabronum on the land, etc.See relief 1 of the docket.
I enter judgment in favour of plaintiff on his relief 1, 2 and 4. I cannot enter judgment for plaintiff on relief 3 since there is no evidence on record to substantiate that relief.”
Dissatisfied with the decision of the High Court, the defendants mounted this appeal on the following grounds:
1. That the judgment is against the weight of evidence.
2. Additional grounds may be filed on receipt of the records of proceedings.
On 26th October, 2017, the defendants filed Additional Ground of Appeal.
That the trial Judge erred when he failed to establish the features marking the boundary between the plaintiff/respondent and the defendants/appellants.
Reliefs being sought:
That the judgment dated 21stMarch, 2017 be set aside and judgment entered for defendants/appellants.
Before dealing with the arguments advanced for and against this appeal, I will give a brief background of this case.
The plaintiff/respondent (hereinafter referred to as plaintiff) issued this writ for himself and on behalf of his brothers and sisters for the following reliefs against the defendants/appellants (hereinafter referred to as 1st and 2nd defendants) jointly and severally for:
a. A declaration that ownership to all that piece and parcel of land situate, lying and being at Sabronum on a land popularly known as Aponaponono and sharing boundaries with the properties of the plaintiff, Afua Konadu, Afua Baah and Sabronum Aponapono Old Motor road
b. Recovery of possession
c. Damages for trespass
d. An Order for Perpetual Injunction restraining the defendants, their servants, agents and any person claiming title through them from interfering with the plaintiff’s property in dispute.
In the 12-paragraph statement of claim which accompanied the writ of summons, the plaintiff averred that his late father Kwasi Avorgah acquired the disputed property from the late Yaw Beredwah and Kofi Donkoh both from Sabronum. The plaintiff averred further that, his late father having acquir