JUDGEMENT

KWOFIE JSC:

This is an appeal against the judgment of the Court of Appeal, Accra delivered on the 26th of April 2024 wherein the Court dismissed the plaintiffs/appellants appeal and affirmed the judgment of the trial High Court, Ho.

Still dissatisfied with the judgment of the Court of Appeal, the plaintiffs/ appellants launched the present appeal to this apex court per a Notice of Appeal dated the 25th day of April 2024 on the following grounds:

a)The judgment is manifestly against the weight of evidence on record

b)Further or other grounds of appeal will be filed upon receipt of certified true copy of the record of appeal.

No further ground of appeal was filed by the plaintiffs. The appeal will thus be determined on the sole ground being the omnibus ground that the judgment is manifestly against the weight of evidence on record.

This dispute, is of the nature of several land disputes, where conflicting traditional evidence characterises the disagreements of the parties. In a long line of cases, the courts, and in particular this Supreme Court has settled the now entrenched approach to the resolution of such conflicts. In matters such as we are confronted with, we have held, that the correct approach to evaluating conflicting traditional evidence is by evaluating same in the light of such recent facts as exposed by the evidence on record. In land matters, the application of the test is eased by evidence of possession, control of, and exercises of ownership over the parcel in contention by one party as against the other. Indeed, the Evidence Act, 1975 (NRCD 323) enacts a presumption under section 48 thereof, that the things which a person possess are presumed to be owned by that person.

The above principles informed the concurrent decisions of the two lower courts. Being invited to re-evaluate the evidence, and the application of the law and principles as reflected in the record of appeal, this court is reminded, that faced with two concurring judgments, there must be extreme circumspection in disturbing the finding of facts, reasoning and /or conclusions reached by the court below, unless there is a patent and obvious error characterising the judgment, which occasions a miscarriage of justice.

BACKGROUND

The plaintiffs, members of the Agadzi Clan of Kpenoe, claim ownership of a tract of land known as Amela, located at Akoefe Tokor in the Ho Municipality of the Volta Region. They assert that the Amela land was