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MADAM COMFORT OFORI
V.
KWAME APPENTENG

(2017) JELR 65233 (SC)

Supreme Court 6 Dec 2017 Ghana
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- The case involves a dispute over a piece of land in Accra called Bawaleshie. - Both parties claim to have registered their respective tracts of land. - The issue is the identity of the land and whether either party has encroached on the o

Case Details

Suit Number:CIVIL APPEAL NO. J4/17/2017
Judges:DOTSE JSC (PRESIDING), BAFFOE-BONNIE JSC, GBADEGBE JSC, BENIN JSC,APPAU JSC
Counsel:PROSPER XORLA NYAHE FOR THE DEFENDANT/RESPONDENT/APPELLANT,KWEKU PAINTSIL FOR THE PLAINTIFF/APPELLANT/RESPONDENT

JUDGMENT

BENIN, JSC

This is an appeal from the decision of the Court of Appeal, which had reversed a decision of the Circuit Court, Accra. The parties herein are disputing over a piece and parcel of land situate at a place in Accra called Bawaleshie. Both parties claim from the same grantor. Both parties claim to have registered their respective tract of land. Thus from the pleadings, the issue boiled down to the identity of the land and whether from their respective site plans contained in their indenture that they claim to have registered, either party has encroached on the other party’s land. This was the ultimate issue, which from the brief narration could have been resolved with a properly drawn up composite plan.

The trial judge took the right step by appointing a surveyor to draw up a composite plan with the aid of the documents, especially the site plans presented by the parties. The surveyor who did the assignment testified as CW1. Indeed his testimony leaves much to be desired;…

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