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 …

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