THEOPHILUS TEIKO TAGOE & ORS v. DR. PREMPEH & ORS

ASIEDU JSC:-

(1). INTRODUCTION:

My lords, there are basically two major issues to be determined in this appeal and, these are: whether the land in dispute in this matter falls in the lands generally referred to as the Adjiringano lands or whether it forms part of the lands generally known as Tesa lands. The Defendants/Appellants/Appellants (hereafter referred to as the Defendants) claim that the land in dispute is part of Tesa lands whiles the Plaintiffs/Respondents/Respondents (subsequently to be known as the Plaintiffs) also claim that the disputed land is part of Adjiringano lands. The second issue is whether or not the witness for the 2nd Defendant herein had the right to testify as a witness in the matter before the trial High Court.

(2). FACTS:

The 1st Defendant, Doctor Prempeh claims that he acquired the land in 1993 or thereabout for the purpose of building a clinic known as Adehye Clinic. He was given an indenture in 1995. According to him, whiles on the land, he observed an encroachment by the 1st Plaintiff who broke a wall which he had erected on the land. The 1st Defendant initially acquired the land from the Ashong Mlitse family but was subsequently directed to the Numo Kofi Anum family, represented by the 2nd Defendant, from whom he re-acquired the same parcel of land between 2003 and 2004. According to the 1st Defendant, the land belongs to the Numo Kofi Anum family of Tesa and Teshie. The 1st Plaintiff says that he acquired the land in question from the Nungua stool, particularly from the Gborbu Wulomo in about 2007 and immediately went into possession. 1st Plaintiff says that he also built a wall around his land, but the 1st Defendant broke down the wall and entered his 1st Plaintiff’s land. The 1st Plaintiff therefore instituted an action at the High Court, Accra for a declaration of title to the land, recovery of possession, damages for trespass and perpetual injunction against the 1st Defendant. Later, the 2nd Plaintiff, the Nungua stool, the grantor of the land joined the suit whiles the 2nd Defendant who granted the land to the 1st Defendant also joined the suit, both to protect their respective titles to or interests in the land. The 2nd Plaintiff claims a declaration of title to the land, recovery of possession, perpetual injunction, damages for trespass and an order for the cancellation of the Defendant’s documents registered with the Lands Commission. The 2nd Defendant also counterclaimed for a declaration of title to the whol