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ZAKARIA ALHASSAN v. GORDON AWUKU & ORS

2021

COURT OF APPEAL

GHANA

CORAM

  • IRENE CHARITY LARBI (MRS.), JA (PRESIDING)
  • GEORGINA MENSAH-DATSA (MRS.), JA
  • YAW DARKO ASARE, JA

Areas of Law

  • Property and Real Estate Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

The Court of Appeal, per Georgina Mensah-Datsa, JA, reviewed an appeal from a High Court, Winneba judgment in a land dispute at Gomoa Nyanyano between a Respondent who claimed a 2015 grant from the Nyanyano stool, and Appellants who asserted a 1999 grant from the same chief to the 2nd Appellant, Yvonne T. Wood, and her siblings, evidenced by an indenture. The High Court had ordered a composite plan and, on a preliminary motion under Order 33 rule 5, disposed of the entire case, granting title, possession, trespass damages, injunction, and costs to the Respondent. On appeal, the Court held the trial court erred by relying on an expert composite plan without taking evidence or permitting cross-examination, misapplied procedural rules, and improperly granted declaratory relief without trial. The appeal was allowed entirely, the judgment set aside, and the matter remitted to be tried before a different judge.

JUDGMENT