MOSES TUTU
V.
ANIBRE KOFI AND AFETOR KITIKI & AFETOR ODUMANKUMA

(2018) JELR 69541 (CA)    
Court of Appeal  ·  SUIT NO. H1/266/2004 ·  26 Jun 2018 ·  Ghana
CORAM
K. A. ACQUAYE JA (PRESIDING), S. K. GYAN JA, M. M. AGYEMANG (MRS) JA
Core Terms Beta
case
defendant
co-defendant
counter-claim
afetor kitiki
grounds of appeal
learned trial judge
trial court
palm trees
record of appeal
weight of evidence
appeal process
family land
instant appeal
court of appeal rules ci
favour of the plaintiff
saeed k. gyan
survey plan
accordance rule
additional circuit court judge
additional grounds of appeal
afeto kpo of have domefe
anibre family of have akleme
assistance of legal counsel
boundaries of the land
circuit court judge
decision of the learned trial judge
defence witness
established fact
following effect
full trial
head of the keng family of have aklame
high court bench
kpando circuit court
land surveyor
late order
main defendant
possession of the piece of land
receipt of record of proceedings
registry of the kpando circuit court
said notice of appeal
said witness
statement of claim
straight forward issue of alleged trespass
supposed land
time of his judgment
tortuous judgment
way of notice of appeal
wrong conclusions

SAEED K. GYAN, JA:

This case, which at its very inception appeared on the face of it to be quite a simple and straight forward issue of alleged trespass to land ended up assuming a rather hard, difficult, complicated and confused matter, whose resolution was obviously worsened by the fact that, from the pleadings up to a substantial stage of the plenary hearing, the case had been handled by the parties themselves without the support or assistance of legal Counsel.

The legal and factual situation additionally appears to have suffered further complications when following a rather late order for a survey plan to be drawn of the supposed land in dispute, and arising from the outcome of that work, a defence witness applied to be joined and was duly granted leave to join the suit as Co-Defendant, whereupon there subsequently emerged a tacit agreement between the said witness/co-defendant and the main Defendant in the case (1st Defendant) whereby the said 1st Defendant literally and practicall…

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