KWAKU KYAWU
V.
AKOSUA MANSAH, KWAME ASIEDU AND MR.OWUSU

(2016) JELR 65404 (CA)    
Court of Appeal  ·  SUIT NO: H1/06/2016 ·  27 Jul 2016 ·  Ghana
CORAM
ADJEI J.A. (PRESIDING), SOWAH J.A., MENSAH J.A.
Core Terms Beta
plaintiff
evidence
respondent
exhibit
appellants
trial judge
abunu tenancy
high court judge
learned trial
plaintiff’s case
appellate court
late nnipa
counter-claim of the defendants
equal parts
oral customary pledge
property of the plaintiff
purported agreement
recovery of possession of the pledged farm
said farm
said purported written agreement
abunu’ tenancy
appellants’ counsel
basic principle of the law of evidence
brief facts
case of the parties
cross-examination
customary pledge of the land
defendants’ case
evaluation of the entire record of appeal.thus
expiration of the pledge
findingsand conclusions
following grounds
fundamental issue
ground of appeal states
judgment of the high court
judgment of the trial court
nephews of the late kwaku nnipa
oral agreement
order of perpetual injunction
outcome of the trial
plaintiff’s evidence
primary duty of an appellate court
property of kwaku nnipa
pw1 yaka eric
theomnibus ground
weight of the evidence
written agreement
years pledge period

JUDGMENT

SOWAH, (J.A.):

This appeal is from the judgment of the High Court, Koforidua dated 22nd July 2015, in which judgment was entered for the plaintiff whilst the counter-claim of the defendants were dismissed

Brief Facts

The defendants who are the appellants herein were sued as a sister and nephews of the late Kwaku Nnipa. The plaintiff’s case was that he had entered into a written agreement with the late Nnipa in January1981 whereupon Nnipa had “LEASED” his farm to him for a period of ten years for the sum of ¢1,400.00 with a further stipulation that the farm was to be divided into two equal parts with one part becoming the property of the plaintiff forever and the other half to revert to Nnipa. He said the defendants/appellants had rebuffed his attempts to have the farm shared and had trespassed onto portions of it. His writ of summons sought the following reliefs:

a. A declaration that upon a true and proper interpretation of the 1981 agreement, the plaintiff is entitled to own one…

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