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EMELIA BOATEMAA
V.
MAAME BENEWAA AND PINAMANG

(2017) JELR 65943 (CA)

Court of Appeal 21 Dec 2017 Ghana
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- Appeal dismissed; plaintiff failed to prove, on a preponderance of probabilities, the identity and boundaries of the land claimed or that the 2nd defendant had encroached upon her land. - The court reaffirmed the settled principle that a

Case Details

Suit Number:CIVIL APPEAL NO.H1/47/2017
Judges:E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.) JA, ANGELINA M. DOMAKYAAREH (MRS.) JA
Counsel:KWAME ADOFO FOR PLAINTIFF/APPELLANT,THEOPHILUS ACKOM BOADU FOR DEFTS/RESPTS

JUDGMENT

AYEBI, JA

1. This is an appeal against the judgment of the Circuit Court, Kumasi dated 31st March 2015. At the Circuit Court, the plaintiff/appellant sued the defendants/respondents for:

(a) A declaration of title and ownership of Plot No. 31A Blk C, Sokoban, Kumasi.

(b) Recovery of possession

(c) Perpetual injunction restraining the defendants his (sic) agent, assigns and workmen and persons claiming through him (sic) from interfering with the property in dispute.

2. In the statement of claim in paragraph 3, the 2nd (sic) plaintiff contended that she acquired plot number 3/A Blk G Sokoban, Kumasi measuring 70”, 40”, 80”, 50”, 70” from one WOFA YAW. Then in paragraph 7 and 8 the plaintiff/appellant stated the reason why she sued the defendants/respondents as:

Paragraph 7: The plaintiff went into undisturbed possession and started developing the land.

Paragraph 8: The plaintiff says that without any provocation the 1st defendant has sold portion of her land and portion of the main roa…

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