F.K .A COMPANY LIMITED
V.
ADJEI BOADI

(2011) JELR 65603 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/170/2010 ·  17 Nov 2011 ·  Ghana
CORAM
ABBAN (MRS.) J.A. (PRESIDING), DUOSE J.A., OFOE J.A.
Core Terms Beta
land
defendant
plaintiff
weija stool
site plan
stool
original owners
traditional owners
trial judge
learned trial judge
disputed land
government of ghana
press release
capacity of the plaintiff
cross examination
declaration of title
plaintiff’s land
source land
approximate area
defendant’s trespass
different circumstances
director claims
examination of the omnibus ground of appeal
exhibits e
first ground of appeal
form of possession
government land
grantor of the parties
high court judge
important question
judgment of the land division of the high court
judgment of the trial judge
name of the plaintiff company
new weija
north-west
parcel of land
plaintiff of forgery
plaintiff’s own pleadings shows
press release exhibit g
reasoning of counsel
respect of the lands
spite of the compulsory acquisition of the disputed land
stool of amanfrom
such commitment
sufficient grounds
trial court
way of customary grant
weight of the evidence

JUDGMENT

ABBAN (MRS), J.A.

This appeal emanates from a judgment of the Land Division of the High Court, Accra, dated the 29th October, 2009. The judgment went against the defendant (herein referred to as the Appellant) and being aggrieved, he has appealed to this court.

This case has no complexity as to the facts put before the trial High Court Judge. It is a case of two entities - one an individual and the other a company purchasing land from the same stool under different circumstances. The plaintiff’s Managing Director claims he acquired the land from the Weija Stool. He got the land by way of customary grant in year 1980. Subsequently, he requested that all documentation in respect of the lands he purchased should be prepared in the name of the plaintiff company, FKA Ltd. This was done in May 1998 and the company was given an indenture which it claims it got registered. Because of defendant’s trespass on the land, it sued him claiming –

a. Declaration of title to all that piece or par…

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