DAVID DONKOR
V.
MADAM AFUA ANTWIWAA AND OTHERS

(2012) JELR 63556 (CA)    
Court of Appeal  ·  SUIT NO. H1/24/2011. ·  31 May 2012 ·  Ghana
CORAM
MARIAMA OWUSU J.A. (PRESIDING), F.G. KORBIEH J.A., I.C. DANQUAH J.A.
Core Terms Beta
appellant
counsel
appeal
trial
disputed land
head of family
weight of evidence
opanin yaw barima
learned judge
cross-examination
family land
grounds of appeal
supreme court
trial court
alleged gift
appellant court
court of appeal rules
customary successor
favour of the defendants
fomena stool land
locus inspection of the land
plaintiff’s claim
valid gift of the land
additional ground of appeal
additional grounds of appeal
behalf of his family members of new akrofuom
care of akwasi dei
case of gblevi family vrs
case of the plaintiff
case of tuakwa vrs bosom
cases of charity agyeiwaa vrs
decision of the circuit court
decision of the court
documentary evidence
error of law
facts of the case
family member
family members
following issues
judgment of the honourable court
kwasi dei
opanin akwasi dei
opanin apotoe
overlord of the said land
ownership of the land
parcel of a scrub land
particular facts of the given case
receipt of the record of proceedings
terms of rule
trial of this suit

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:

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

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

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

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 declaration of Title and Ownership to all that piece …

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