JOSEPH TEYE AGOR (PLAINTIFF/RESPONDENT)
V.
J. N. K. ANSAH & OTHERS

(2016) JELR 65668 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H2/25/2016 ·  20 Dec 2016 ·  Ghana
CORAM
ADJEI J.A. (PRESIDING),SOWAH J.A., MENSAH J.A.
Core Terms Beta
appellants
parties
defendants
arbitration
learned trial judge
rem judicatam
trial judge
declaration of title
joseph teye agor
atta panyin
favour of the plaintiff
judgment of the high court
judgment of the koforidua high court
members of plaintiff
present case
qualified person
said land
statement of claim
suit number l.34
weight of evidence
amended writ of summons
appellants portions of the land
customary law of the krobo
decided case
different indices of a customary arbitration
estoppel of the appellants claim
final decision
following grounds of appeal
full trial
fundamental issue
head of the agor family of okper wekpeiti
issue of estoppels
member of the family
mother of the 14th defendant
nana asani ii
particularized estoppel
plaintiffs’ family land
portions of the family land
précis of the facts of this case
purported sale of the portions of the said plaintiff
receipt of the record of proceedings
said alienations
separate statement of defence
sole issue
system of inheritance of plaintiff
trial high court
written submissions of the appellants

JUDGMENT

SOWAH, J.A.:

Facts:

This is an appeal against the judgment of the High Court, Koforidua delivered on 11th April 2014 in favour of the plaintiff against all 17 defendants. The appeal was lodged on 2nd June 2014 by the 14th, 15th and 16th defendants who are hereafter referred to as the appellants.

A précis of the facts of this case are as follows:, Joseph Teye Agor, purporting to be the head of the Agor family of Okper Wekpeiti of Somanya issued a writ against sixteen defendants on 1st December 2004. He sought declaration of title to land duly described, declaration that the said land is plaintiffs’ family land, an order setting aside purported sales by the 14th, 15th and 16th defendants/appellants, recovery of possession and perpetual injunction. The statement of claim as amended on 29th November 2005 averred that the system of inheritance of plaintiff's family is patrilineal. That although the mother of the 14th defendant had been a member of the family, the 14th defendant and he…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login