AHORGBA AGBODEKA, YAOTSE AGBODEKA, EHI AGBODEKA AND KOETEY AGBODEKA, ALL OF WUDOABA-DETSIME
V.
HUNUA DAGLOHU APEDO, ALL OF WUDOABA-DETSIME

(2014) JELR 65498 (CA)    
Court of Appeal  ·  Suit No: H1/232/2013 ·  5 Jun 2014 ·  Ghana
CORAM
ABBAN J. A. (PRESIDING), ACQUAYE J.A, SOWAH J.A.
Core Terms Beta
record
evidence
defendant
chief
exhibit
proceedings
cross examination
plaintiffs
respondents
trial
high court
record of appeal
appeal
cross examination of the defendant
evidence act
ground of appeal
statement of claim
additional grounds of appeal
additional issues
adjourned date
azumah j. however anyimiah j.
case of the respondents
chronology of events
court notes
cross examination of dw1
defendant exhibit
document ought
first additional ground of appeal
grandfather agbodeka
grandfather of the defendant
important issues
j.a
judgment of torgbui fiti lll
native court of togbui fiti iii
notice of appeal
ordinary course
original document
salient facts of this case
second issue
torgbui fiti
trial court
trial judge
weight of evidence
words of the trial judge

SOWAH, J.A:

The salient facts of this case on appeal are as follows: The plaintiffs /respondents [hereinafter simply referred to as the respondents] took out a writ of summons at the High Court, Denu, claiming against the defendant/appellant for declaration of ownership of a piece of land situate at Wudoabe-Dotsime and general damages for trespass. The case of the respondents' as averred in their statement of claim was that the land in dispute which was in their possession had been gifted to their grandfather Agbodeka by Togbui Aglor, the grandfather of the defendant/appellants [hereinafter referred to as the appellant]. The respondents' also pleaded a judgment rendered in favour of their grandfather by the Native Court of Togbui Fiti III on 25th January 1946.

The appellant filed a statement of defence denying any gift of the land in dispute, or that Torgui Aglor ever owned any land at Wudoabe. He asserted that the respondents' ancestor was a fugitive who was given shelter by his grandf…

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