JAMES TOAH AGYARE
V.
SOLOMON OPARE ADDO QUAYNOR, TEYE OFOE AND REGINA L.A. GRAND SAWYER

(2016) JELR 65515 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/127/2011 ·  26 Oct 2016 ·  Ghana
CORAM
ADJEI J.A. (PRESIDING), SOWAH J.A., MENSAH J.A.
Core Terms Beta
plaintiff
1st defendant
fraud
trial court
issue
right of action
defendants
addo kwame
adverse possession
limitations act
respect of exhibits
trial judge
virtue of section
composite plan
evidence act
plots of land
statement of defence
adverse claim
concrete evidence
counter-claim
grounds of appeal
parcel of land
plaintiffs’ family land
purported grants
suo motu
absence of any evidence
brief facts
decision of the circuit court
disputed land
final orders
first observation
following words
grantee of addo kwame
grantees of the 1st defendant
ifstatute imposesa limitation period
judgment of the honourable trial court
key issue
plaintiffs action
plaintiffs’ boundary owners
plaintiff's case
plaintiff’s counsel raise
registered indentures
rrecovery of possession
said addo kwame’s land
st defendant
title deeds
weight of the evidence
written addresses of counsel

SOWAH, J.A.: This is an appeal by the defendants/appellants against the decision of the Circuit Court; Akropong-Akwapim dated 29th April 2013. The trial court entered judgment for the plaintiff/respondent for the reliefs endorsed on his writ of summons and dismissed the counter-claim of the 1stdefendant.

The defendants/appellants are seeking that the judgment be set aside and judgment entered for the appellants on the counterclaim. Their grounds of appeal as amended pursuant to leave of the court granted on 26th April 2016 are as follows:

Grounds Of Appeal:

a. That the judgment of the honourable trial court is against the weight of the evidence.

b. That the trial court erred in holding that no concrete evidence had been led by 1st defendant to indicate that plaintiffs action before the court in respect of Exhibits 1, 2, 3, 4 and 5 (inclusive) were statute barred.

c. That the trial Judge erred in law in deciding suo motu, in the absence of any evidence on the record, that Exhibits 2, 3, 4 a…

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