Customer Support

DAVID DONKOR
V.
MADAM AFUA ANTWIWAA AND OTHERS

(2012) JELR 63556 (CA)

Court of Appeal 31 May 2012 Ghana
BriefBot icon

BriefBot Summary

Free

- Appeal dismissed; Circuit Court’s judgment upheld dismissing plaintiff’s claim and affirming defendants’ counterclaim for title and possession of land. - Plaintiff lacked requisite capacity to sue on behalf of the family, not being head o

Case Details

Suit Number:SUIT NO. H1/24/2011.
Judges:MARIAMA OWUSU J.A. (PRESIDING), F.G. KORBIEH J.A., I.C. DANQUAH J.A.
Counsel:MR YAW BOAFO FOR PLAINTIFF/APPELLANT,MR JAMES MARSHAL BELEIB FOR DEFENDANTS/ RESPONDENTS

MARIAMA OWUSU, J.A.

This is an appeal against the decision of the Circuit Court, Bekwai/Ashanti, dismissing the plaintiff’s claim as not proved. Judgment was then entered in favour of the defendants on their counterclaim. Dissatisfied with the decision of the court, the plaintiff appealed to this court.

The Grounds of appeal are:

a. The judgment is against the weight of evidence adduced at trial.

b. The learned Judge erred when he ruled that the plaintiff has no capacity to commence and maintain the action.

c. The learned Judge erred when he ruled that a valid gift of the land in dispute had been made in favour of the defendants.

d. Additional grounds of appeal to be filed on receipt of the record of proceedings.

The Relief being sought:

The judgment of the Honourable Court dated 17-6-2010 be set aside.

The facts of the case are as follows:

The plaintiff issued a writ of summons for himself and on behalf of his family members of New Akrofuom claiming:

a. A declaration of Title and Ownership to a…

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.