TOGBE AHOTOR MAKAKU & ORS v. KOFITSU ASEM (DECEASED) & ANOTHER
2018
COURT OF APPEAL
GHANA
CORAM
- K. A. ACQUAYE, J.A. (PRESIDING)
- K. S. GYAN, J.A.
- M. M. AGYEMANG (MRS), J.A.
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal from a Circuit Court judgment regarding a land dispute in Kpetoe. The plaintiffs claimed damages for trespass and sought an injunction, citing long-term possession and leasing of the land. The trial court ruled in favor of the defendants, leading to this appeal. The appellate court found the trial judge's evaluation flawed, overturned the decision, and ruled for the plaintiffs, awarding damages and an injunction, while validating a previous arbitration award.
ACQUAYE, J. A.
This is the judgment in respect of an appeal filed on 22nd April 2010 against a judgment delivered by the Circuit Court sitting at Ho dated 9th July 2008.
In their writ of summons the plaintiffs claimed against the defendants jointly and severally:
1. General damages for trespass unto all that piece or parcel of land situate, lying and being at Kpetoe known as Gangakpo bounded on one side by the Ho-Denu Road, on another side by River Kpetoe, on another side by the properties of Matti Gboya and Dappah families of Kpetoe and on the last side by the plaintiff’s land.
2. Perpetual injunction restraining the 1st defendant from selling or otherwise interfering with the said land and the 2nd defendant from continuing the building operations now going on by himself, his principal, workmen, servants, labourers etc pending the final determination of the suit.
In their further amended statement of claim and evidence the plaintiffs stated that they are the head and principal members of the Bedze-Agbedrafor clan of which their ancestor by name Teteh Kporku founded the land described in the statement of claim.
Since then several generations headed by Teteh Bediaku, Ahortor 1, the II, the III, Mankralo Afetor Tetteh Kporku VI and the 1st plaintiff have been in exclusive possession of the land and have leased portions thereof to the government in 1921 for the preventive station now C. E. P. S, the Housing Corporation for the building of low cost housing.
They had also leased portions of their land to Evangelical Presbyterian Church and Apostolic Church at Kpetoe for the building of a church and cemetery as well as to several individuals who built on them.
Members of the family also have coconut and palm plantations as well as a poultry farm on the land.
The 1st plaintiff testified that in the seventy’s one S. K. Attipoe who acquired part of the land from the plaintiff’s successor Kporku VI sued Akuamoah and the 1st defendant when the latter trespassed unto a portion of their Kangakpo land at the Ho High Court and judgment was entered in favour of Kporku VI.
In December 1994 the 1st Defendant sold a portion of their land at the left hand side of the Ho to Denu road not far from the poultry farm of Martin Ahor Mensah to the 2nd defendant who also sold it to Kudzo Tekpor.
When Kudzo Tekpor started to clear the land they were confronted and a report was made to Togbe Gagli III who is one of the chiefs of the Agortime Traditional area for arbitratio