DEESA PENROSE
V.
NII NUERTEY AKPO ‘1’

(2014) JELR 63630 (CA)    
Court of Appeal  ·  C.A. NO: H1/22/2012 ·  13 Feb 2014 ·  Ghana
CORAM
KANYOKE J.A. (PRESIDING), OFOE J.A., DZAMEFE J.A.
Core Terms Beta
defendant
plaintiff
plaintiff’s family
trial judge
counsel
defendant’s predecessors
exhibits
declaration of title
statutory declaration
exhibit b series
predecessors of the defendant
overwhelming evidence
ownership of the land
plaintiff’s case
learned trial judge
record of appeal
various times
available evidence
cross-examination
evidence of the plaintiff
finding of fact
grounds of appeal
large tract of the adomorobe land
nana kwaakwa asiampong ii
nana osae amantem
original plaintiff
portion of the land
various parts
aburi-adomorobe
aggregate of the various purchased lands
boundaries of the various parts
careful perusal
case of the plaintiff
elders of the family
fact settlers
further prayer of the counsel
high court
land title registry of the lands commission
large piece
leader of the plaintiff
main issue
plan of the demarcated land
pleas of the migrant kpone people
portions of the adomerobe land
receipts of such purchases
relative claims
subject of this instant dispute
totality of the evidence oral
tract of land
weight of evidence

JUDGMENT

KANYOKE, J.A.: On the 18th day of October 2010, the High Court, Accra, after trial, dismissed the plaintiff/appellant’s action against the defendant/respondent for inter alia, a declaration of title to a large piece or tract of land situate, and lying at Aburi-Adomorobe along the Accra-Aburi road in the Eastern Region of Ghana. Feeling dissatisfied with the judgment the plaintiff/appellant (hereinafter referred to as the plaintiff) has appealed to us to set aside the judgment and “give direction on the area/portion of the land the plaintiff gave defendant”. See page 218 of the Record of Appeal (ROA). The grounds of appeal canvassed by counsel for the plaintiff in his written submissions filed on 20-3-2012 are as follows:

“1 The ruling is against the weight of evidence.

2 The trial judge misapplied the law against the available evidence.

3 The trial judge misapplied the law/rule on estoppels.”

Before proceeding to deal with the appeal on these grounds, it is important to give the …

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