GABRIEL AHUTSI & ANOTHER
V.
TORGBUI AGUDU 2 OTHERS

(2015) JELR 63838 (CA)

Court of Appeal · COURT OF APPEAL NO.: H1/67/2014 · 14 May 2015 · Ghana

CORAM

OFOE (JA) (PRESIDING), ACQUAYE (JA), MARGARET WELBOURNE (JA)

Core Terms ^Beta

land

plaintiffs

defendants

trial judge

coconut trees

weight of evidence

appeal

appellate court

case of the plaintiffs

circuit court

declaration of title

disputed land

entire record

grounds of appeal

judgment of the circuit court

judgment of the court

ownership of the land

said land

supreme court

adverse possession

appeal records

background facts

case of oppong kofi

claim of the plaintiffs

cross examination

documentary evidence

duty of the appellate court

end of the trial

evidence act nrcd

evidence of the defendants

findings of facts

following reliefs

fourth ground of appeal

great grandfather

great grandfather of the plaintiffs

learned judge of the circuit court

margaret welbourne

parcel of land

perpetual injunction

plaintiff's great grandfather torgbui anyanya

plaintiffs' land

pleadings of the parties

property of kofi angey

punitive cost

receipt of records of proceedings

recent case of asibey vrs gbomittah

recovery of possession

said piece of land

undisputed possession of the land

virgin forest

MARGARET WELBOURNE (JA)

This is an appeal against the judgment of the Circuit Court dated 12th April, 2004.

The grounds of appeal filed were as follows:

a) That the learned judge of the Circuit Court was wrong in holding that the land belongs to defendants.

b) That the Circuit Court below failed to completely and absolutely consider the case of the plaintiffs/appellants.

c) That the judgment of the Court below is against the weight of evidence.

d) Other grounds of appeal to be filed on receipt of records of proceedings.

e) The judgment was otherwise erroneous in law.

The background facts

By an action commenced at the Circuit Court, Aflao, the plaintiffs claimed against the defendant the following reliefs:

a. Declaration of title and ownership to all that piece and parcel of land situate, lying and being at SAKANI AVOEME AFLAO and bounded as follows: On one side by the property of Kofi Angey on another side by the property of Sewor Mitsi; on the third side by the property of Mensavi Adogli; and …

GABRIEL AHUTSI & ANOTHER V. TORGBUI AGUDU 2 OTHERS

GABRIEL AHUTSI & ANOTHER
V.
TORGBUI AGUDU 2 OTHERS