MISWA CHEMICALS GHANA
V.
EMMANUEL BORKETEY APLERH

(2019) JELR 69887 (CA)    
Court of Appeal  ·  SUIT NO: H1/09/19 ·  21 Feb 2019 ·  Ghana
CORAM
C. J. HONYENUGA JA (PRESIDING), C. H. SOWAH (MRS.) JA, A. A. GAISIE (MRS) JA
Core Terms Beta
defendant
exhibit
nungua stool
miswa ghana limited
okoffo enterprise
gborbu wulomo
nii odai ayiku iv
nungua
root of title
trial judge
acting nungua mantse
supreme court
learned trial judge
weight of evidence
high court
administration of lands act
declaration of title
evidence act
judgment of the supreme court
nii bortrabi obroni
plaintiff’s grantor
additional grounds of appeal
head of adotey nene family
land registry act
nii afotey odai iv dzasetse
perusal of the grounds of appeal
plaintiff’s action
provisions of section
registration of the land
respondent’s lease
case of republic v
challenging plaintiff
decision of the high court
family property
following grounds
following reasons
gborbu wulomo’s family
instant writ of summons
limited liability company
mankralo of nungua
numo borketey laweh family
provisions of land registry act
pw1 rainsford addotey
receipt of the record of appeal
relevant parts of the evidence
result of the error
said instrument
signatory of nungua lands
vacant possession of the land
valid grant of nungua land

HONYENUGA, JA: On the 1st day of August 2014, the High Court, Fast Track Division, Accra, dismissed the plaintiff’s action and awarded cost of GH¢15,000.00 to the defendant.

Dissatisfied with the decision of the High Court, the plaintiff filed an appeal to this court on the 31st day of August, 2014 based on the following grounds:-

“1. The judgment is against the weight of evidence.

2. The trial judge erred in law by failing to apply the provisions of Land Registry Act, 1962 (Act 122) to the effect that the registration of the land in dispute by plaintiff’s grantor constituted notice to defendants who are thereby estopped challenging plaintiff’s registered interest.

3. The trial judge erred in law by misinterpreting the judgment of the Supreme Court in the case of REPUBLIC v. COMMITTEE OF INQUIRY INTO NUNGUA TRADITIONAL AFFAIRS, which in fact set aside the Mankralo of Nungua as a signatory of Nungua lands; the result of the error is that the trial judge wrongly held Exhibit 2 to be a vali…

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