Customer Support

AKWESI AMANKWA EVANS
V.
KOJO PREMPEH

(2018) JELR 66037 (CA)

Court of Appeal 29 Mar 2018 Ghana
BriefBot icon

BriefBot Summary

Free

- The Court of Appeal allowed the appeal and set aside the trial court’s judgment, holding that the defendant/appellant had acquired title to the disputed land by adverse possession, having been in open, undisturbed possession for over twel

Case Details

Suit Number:CIVIL APPEAL NO: H1/130/2017
Judges:GYAESAYOR J.A. (PRESIDING), ACKAH-YENSU J.A., SUURBAAREH J.A
Counsel:MR. KENNETH AWUKU FOR DEFENDANT/APPELLANT,MR. A.G. BOADU FOR PLAINTIFF/RESPONDENT

JUDGMENT

SUURBAAREH, J.A.

Per his writ of summons of 17th November, 2012, the plaintiff/respondent claimed against the defendant/appellants the following reliefs:

a. A declaration of title to a piece of land particularly described in a schedule,

b. Perpetual injunction against the defendant and all persons claiming by or through him from interfering with the land,

c. Damages for trespass and,

d. Recovery of possession.

In support of the above reliefs, the plaintiff/respondent, called respondent hereinafter, averred that he acquired the disputed land from Arthur Hammond Tetteh Quarcoo, head and lawful representative of the Onamrokor Adain family. According to the respondent, he was earlier granted the land in 1999 by the then head of family, Paul Ayitey Tettey, but no document was issued to him.

The defendant/appellant, simply referred to hereinafter as the appellant, not only denied the respondent’s claim, but went on to contend that he acquired the disputed land in 1983 from James Hansen-Sa…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.