TOGBE LUGU AWADALI IV v. TOGBE GBADAWU IV

DENNIS ADJEI:

The ancestors of the parties herein lived harmoniously and as a result of that the Plaintiff’s ancestors conveyed land to the Defendant’s ancestors who were natives of Anyako at Adutor; where the disputed land is situated. The parties herein and their predecessors had had to litigate over parcels of land of which the disputed property was one of them.

On 3rd February, 2012 the High Court, Ho delivered judgment in the long standing dispute which commenced on 18th January,2001. The Judgment was not satisfactory to both parties and as a result of that each of them filed a separate appeal to the Court of Appeal. The Defendant filed his appeal on 22nd March, 2012 while the Plaintiff filed Notice of Variation on May, 2014.

The grounds of appeal filed by the Defendant are as follows:

“a) The judgment of the High Court is against the weight of evidence.

b) The trial Judge erred in making a case for the Plaintiff/Respondent different from what Plaintiff made for himself at the trial.

c) The judgment undermines judicial stability”.

The grounds of appeal filed by the Plaintiff in the Notice of Variation are as follows:

“1. The learned trial Judge failed to adequately consider the Plaintiff’s case in its proper perspectives and therefore came to the wrong conclusions.

2. The learned trial Judge erred in concluding that Exhibit 2 is proof that the Plaintiff’s predecessor, Awudzi Amenyefia acknowledged the Defendant’s title in the Sam W.H. Ablordepey case.

PARTICULARS OF ERROR

a) The proceedings in respect of the land covered in the case, subject matter of Exhibit 2 is distinct and separate from the land the subject matter of the instant suit.

b) The testimony of Awudzi Amenyefia in respect of the case in exhibit 2 when put in proper perspective established that the relevance and weight put upon it by the leaned trial Judge is unsupportable.

3. The Learned trial Judge failed to appreciate that part of the Plaintiff’s case that the pledged land by Alorgbe Fenuku in 1942 and redeemed by his predecessor in 1975 covers the disputed land and once redeemed reverted to the Plaintiff’s Aniybe Clan.

4. The Learned trial Judge erred in concluding that the judgments tendered and relied upon by the Plaintiff in the case are unrelated and relevant to the determination of the issues raised in the case.

5. The Learned trial Judge erred in directing the defendants to prepare and re submit the Statutory Declaration of the Defendant for processing on the